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Separ v Island Home Improvement
2004 NY Slip Op 50222(U)
Decided on March 31, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 31, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DECIDED March 31, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2003-853 N C

ANNE SEPAR, Appellant,

against

ISLAND HOME IMPROVEMENT, INC. and DANIEL SIMS, Respondents.


Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (J. Asarch, J.), entered December 10, 2002, dismissing her action against defendants and awarding judgment in favor of defendant Island Home Improvement, Inc. on its counterclaim in the sum of $1,784.00 plus interest, costs and disbursements.


Judgment unanimously affirmed without costs.

It was permissible for the corporate defendant in this small claims action for breach of a home improvement contract, to interpose a counterclaim for work completed and agreed upon since the counterclaim was related to the main claim, not complex and within the court's monetary jurisdiction (see Marino v N.A.S. Plumbing &
Heating Cntrs., 175 Misc 2d 519 [1997]). We have considered the other issues raised and find them to be without merit. Accordingly, we find that substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1804, 1807).
Decision Date: March 31, 2004