[*1]
Crystal Water Collection v Prime Metal Mfg., Inc.
2006 NY Slip Op 52313(U) [13 Misc 3d 144(A)]
Decided on November 28, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 28, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2005-450 N C.

CRYSTAL WATER COLLECTION, Respondent,

against

PRIME METAL MANUFACTURING, INC., Appellant.


Appeal from a judgment of the District Court of Nassau County, Second District (Anna R. Anzalone, J.), entered December 2, 2004. The judgment, insofar as appealed from, after a nonjury trial, awarded plaintiff the principal sum of $1,117, and failed to award defendant reasonable attorney's fees.


Judgment, insofar as appealed from, affirmed without costs.

Plaintiff commenced this commercial claims action seeking $3,000 as damages for breach of a contract to produce promotional coins that plaintiff alleges were never delivered. Defendant counterclaimed for $545.86, including $201.50 in legal fees and
various bank charges, which it claimed that plaintiff owed pursuant to the contract and
because plaintiff's payment check was dishonored. Following a trial, the court below awarded the principal sum of $1,117 to plaintiff, and awarded $100 to defendant upon so much of its counterclaim as sought bank service charges stemming from dishonored checks.

Upon a review of the record, we are of the opinion that substantial justice was done between the parties in accordance with the rules and principles of substantive law (CCA 1804-A, 1807-A).

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur. [*2]
Decision Date: November 28, 2006