[*1]
Leva v Douglaston Manor
2004 NY Slip Op 50533(U)
Decided on May 14, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:DECIDED May 14, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2003-1098 Q C

ALICIA C. LEVA, Respondent,

against

DOUGLASTON MANOR, Appellant.


Appeal by defendant from a small claims judgment of the Civil Court, Queens County (A. Gazzara, J.), entered on February 13, 2003, awarding plaintiff the principal sum of $2,120.


Judgment reversed without costs and action dismissed.

In this small claims action for breach of contract, the evidence adduced at trial failed to establish that defendant agreed to provide plaintiff with a rabbi at the catered baby-naming ceremony at defendant's facilities. Plaintiff only established that she was
given the name of an individual to perform the ceremony as a recommendation. Indeed, plaintiff hired and paid said individual directly. Consequently, defendant cannot be held liable for breach of contract with respect to said recommendation.

Golia, J., taking no part.

Decision Date: May 14, 2004