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Blumenstein v Shivani Refrig. & A.C., Inc.
2006 NY Slip Op 51371(U) [12 Misc 3d 141(A)]
Decided on July 14, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through July 24, 2006; it will not be published in the printed Official Reports.


Decided on July 14, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, GANGEL-JACOB, JJ
570034/06.

Fred Blumenstein, Plaintiff-Respondent,

against

Shivani Refrigeration and Air Conditioning, Inc. Defendant-Appellant.


Defendant appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County (Larry S. Schachner, J.), entered September 22, 2005, after trial, in favor of plaintiff and awarding him damages in the principal sum of $200.


PER CURIAM:

Judgment (Larry S. Schachner, J.), entered September 22, 2005, reversed, without costs, and action dismissed.

There is no basis in the record to impose liability upon defendant for breach of contract, it being undisputed that plaintiff, after obtaining an estimate for the repair of his air conditioning unit, did not hire defendant to perform the repairs nor tendered any monies for said repairs. Thus, dismissal of the action achieves substantial justice consistent with substantive law principles (see CCA 1807).

This constitutes the decision and order of the court.
Decision Date: July 14, 2006