Bloom v Gea Eng'g PC

[*1] Bloom v Gea Eng'g PC 2005 NY Slip Op 50073(U) Decided on January 20, 2005 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 20, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, J.P., ANGIOLILLO and COVELLO, JJ.
2004-1222 RO C

RICHARD BLOOM, Appellant,

against

GEA ENGINEERING PC, Respondent.

Appeal by plaintiff from so much of a small claims judgment of the Justice Court, Town of Clarkstown, Rockland County (J. Flick, J.), entered June 9, 2004, as dismissed plaintiff's action.

Judgment insofar as appealed from unanimously affirmed without costs.

Plaintiff commenced the instant small claims action for the return of money paid pursuant to a contract for services rendered by defendant. Defendant was retained for a fee of $1,750 to prepare a plot plan and application for a building permit for a detached garage which plaintiff sought to have constructed on an irregular lot. The building inspector rejected the application based upon his interpretation of the setback
requirements. Thereafter, defendant agreed to prepare an application to the Zoning Board of Appeals for an additional fee of $1,000, which sum plaintiff likewise paid. The Board thereafter denied the application. Inasmuch as defendant duly performed the services required by plaintiff, the court properly concluded that plaintiff was not entitled to a refund of the money paid.
Decision Date: January 20, 2005