| B. Reitman Blacktop, Inc. v Laulicht |
| 2006 NY Slip Op 50242(U) [11 Misc 3d 128(A)] |
| Decided on February 14, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the District Court of Nassau County, First District (Anna R. Anzalone, J.), entered March 18, 2004. The judgment, after a nonjury trial, dismissed plaintiff's action and awarded defendant the sum of $3,000 on his counterclaim.
Judgment unanimously affirmed without costs.
In this commercial claims action seeking to recover for labor and materials furnished to defendant for installing a driveway, we find that the trial court, in finding in favor of defendant on his counterclaim, properly rendered its judgment providing the
parties with substantial justice according to the rules and principles of substantive law (UDCA 1803-A [d]; 1804-A, 1807-A [a]; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).
Decision Date: February 14, 2006