Plaintiff appeals from a judgment of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered on or about March 11, 2008, after a nonjury trial, in favor of defendant dismissing the complaint.

Per Curiam.

Judgment (Nelida Malave-Gonzalez, J.), entered on or about March 11, 2008, affirmed, without costs.

We find no basis in the record to impose liability upon defendant for breach of contract, where the evidence shows that defendant substantially performed the home improvement contract (see Tascone Slate Roofs v Quadrozzi, 184 AD2d 633 [1992]) and that he was prevented from completing the contract by plaintiff's improper termination. Plaintiff failed to demonstrate that the amount paid to defendant as a down payment exceeded the reasonable value of the labor, services and materials provided by defendant. To the extent that plaintiff alleged that he incurred cost of completion damages, his wrongful termination of the contract prevents him from recovering such damages. In any event, plaintiff failed to prove the amount of any such damages allegedly sustained (see Felix Constr. Corp. v Oakridge Land & Prop. Corp., 106 AD2d 488 [1984], lv denied 66 NY2d 606 [1985]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: June 29, 2009