Appeal from a judgment of the District Court of Nassau County, First District (Howard S. Miller, J.), entered February 6, 2007. The judgment, after a nonjury trial, dismissed the complaint and awarded defendant the sum of $2,015 on its counterclaim.

Judgment affirmed without costs.

Plaintiffs commenced the instant action to recover a retainer paid to defendant under an agreement whereby defendant was to perform various construction-related services. Defendant interposed an answer denying plaintiffs' right to same. The answer contained a counterclaim wherein defendant sought to recover for construction work done on plaintiffs' house. A review of the record on appeal indicates that defendant performed its part of the agreement pursuant to which the retainer was paid, thereby warranting a dismissal of the complaint. Further, contrary to plaintiff's contention, there is sufficient support in the record for the lower court's award with regard to the counterclaim.

We note that defendant contends that the award on the counterclaim was inadequate. However, as defendant failed to appeal, it is not entitled to affirmative relief in the form of an increased award (Matter of Carter, 2 AD3d 865 [2003]).

We find the other issues raised on appeal to be without merit. Accordingly, the judgment is affirmed. [*2]

Rudolph, P.J., McCabe and Scheinkman, JJ., concur.
Decision Date: July 10, 2008