Vulpone v Vecchio

[*1] Vulpone v Vecchio 2005 NY Slip Op 51583(U) [9 Misc 3d 130(A)] Decided on September 30, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: September 30, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
2004-1502 W C

Joseph Vulpone, Respondent,

against

Carolyn Vecchio, Appellant.

Appeal from a judgment of the Justice Court of the Village of Dobbs Ferry, Westchester County (Robert I. Hardwood, J.), entered July 20, 2004. The judgment awarded plaintiff, after a nonjury trial, a total sum of $2,869.45.

Judgment unanimously affirmed without costs.

In this small claims action by a landscaping contractor seeking to recover for labor and materials supplied to defendant in restoring defendant's lawn, we find that the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]; see also General Obligations Law § 5-701 [a] [1]; D & N Boening v Kirsch Beverages, 63 NY2d 449, 454 [1984]; Zuccarini v Ziff-Davis Media, 306 AD2d 404, 405 [2003]; Air Masters v Bob Mims Heating & A.C. Serv., 300 AD2d 513, 515 [2002]).
Decision Date: September 30, 2005