Ruttura & Sons Constr. Co., Inc. v Mainline Elec. Corp.

[*1] Ruttura & Sons Constr. Co., Inc. v Mainline Elec. Corp. 2007 NY Slip Op 51965(U) [17 Misc 3d 129(A)] Decided on September 27, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and MOLIA, JJ
2006-996 S C.

Ruttura & Sons Construction Co., Inc., Respondent,

against

Mainline Electric Corp., Appellant.

Appeal from a judgment of the District Court of Suffolk County, Third District (C. Steven Hackeling, J.), entered October 19, 2005. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $10,911 and dismissed defendant's counterclaim.

Judgment affirmed without costs.

In this action to recover the balance allegedly due for plaintiff's work as a subcontractor in a construction project, a review of the record establishes that the court below properly found that the parties entered into a binding contract for specified work to be performed by plaintiff for the sum of $60,911 and that plaintiff successfully completed the work. Defendant only paid plaintiff the sum of $50,000. The court's determination as to issues of credibility is given substantial deference as it had the
opportunity to observe and evaluate the testimony and demeanor of the witnesses (see Vizzari v State of New York, 184 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). The record amply supports the trial court's conclusions and, accordingly, we find no reason to disturb the judgment which awarded plaintiff the principal sum of $10,911 and dismissed defendant's counterclaim.

Rudolph, P.J., McCabe and Molia, JJ., concur.
Decision Date: September 27, 2007