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Ashley v Parahus
2003 NY Slip Op 51580(U)
Decided on December 2, 2003
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This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 2, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., LIFSON and RUDOLPH, JJ.
NO. 2002-1669 RO C

SHELDON ASHLEY, Appellant,

against

GARY PARAHUS, Respondent.


Appeal by plaintiff from a small claims judgment of the Justice Court, Town of Clarkstown, Rockland County (S. Ugell, J.), entered July 23, 2002, in favor of defendant dismissing the action.


Judgment unanimously reversed without costs, action reinstated and judgment directed to be entered in favor of plaintiff in the principal sum of $3,000.

In the case at bar, the credible evidence adduced upon the small claims trial established that the installation of the roof was not done in a workmanlike and professional manner. In view of the foregoing, and since plaintiff limited his damages to the jurisdictional limit of the court, judgment should be entered in favor of plaintiff in said amount.
Decision Date: December 02, 2003