Dentz v American Acoustics

[*1] Dentz v American Acoustics 2009 NY Slip Op 51775(U) [24 Misc 3d 143(A)] Decided on August 17, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 17, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
.

Josh Dentz, Plaintiff-Appellant,570740/08

against

American Acoustics, American Locksmiths & Security Center Inc. d/b/a American Locksmiths, AAA Sales & Service, Inc., Defendants-Respondents.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Ernest J. Cavallo, J.), entered on or about November 1, 2007, after trial, in favor of defendants dismissing the action and awarding defendants damages in the principal sum of $1,640 on their counterclaim.

Per Curiam.

Judgment (Ernest J. Cavallo, J.), entered on or about November 1, 2007, affirmed, without costs.

Applying the narrow standard of review governing appeals in Small Claims cases (CCA 1807), and giving due deference to the trial court's findings of fact and credibility, we sustain the dismissal after trial of plaintiff's breach of contract action. We find no basis to disturb the trial court's determination that plaintiff breached the parties' agreement by not permitting defendant to complete the installation of the acoustical doors. We note that by an unappealed order dated May 9, 2008, the trial court, upon reargument and renewal, vacated the award of damages to defendants on their counterclaim, thus rendering academic plaintiff's arguments concerning the propriety of the damage award in defendants' favor.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 17, 2009