| Island Car Wash, Inc. v Epoxy Tech |
| 2007 NY Slip Op 50233(U) [14 Misc 3d 136(A)] |
| Decided on February 5, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Suffolk County, Sixth District (Lawrence Donohue, J.), dated December 19, 2005. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,800 and dismissed defendant's counterclaim.
Judgment affirmed without costs.
In this commercial claims action, the court's finding, that the "top coat" defendant installed to plaintiff's floor failed to meet the criteria set forth in the "job invoice," was supported by the credible evidence presented at trial. As a result thereof, the court's award of the principal sum of $2,800 in favor of plaintiff rendered substantial justice between the parties according to the rules and principles of substantive law (UDCA 1807-A [a]). We note that in reaching its result, the court below did not, as defendant contends, shift the burden of proof from plaintiff to defendant, nor was expert testimony required. Accordingly, the judgment is affirmed.
Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: February 5, 2007