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Bathmax Plus, Inc. v Zeidler
2009 NY Slip Op 52064(U) [25 Misc 3d 127(A)]
Decided on October 6, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 6, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : MOLIA, J.P., NICOLAI and TANENBAUM, JJ
2008-1804 S C.

Bathmax Plus, Inc., Appellant,

against

Richard Zeidler and Loren Zeidler, Respondents.


Appeal from a judgment of the District Court of Suffolk County, Second District (C. Stephen Hackeling, J.), entered March 7, 2008. The judgment, after a nonjury trial, dismissed the action.


ORDERED that the judgment is affirmed without costs.

Plaintiff, a home improvement contractor, commenced this commercial claims action to recover for work, labor and services rendered. At trial, defendants established that plaintiff did not perform the work in a workmanlike manner and that the walls, floor and bathtub liner installed by plaintiff had to be replaced. As plaintiff had not substantially performed the contract, we find that the District Court's judgment in favor of defendants dismissing the action rendered substantial justice between the parties in accordance with the rules and principles of substantive law (UDCA 1807-A). Accordingly, the judgment is affirmed.

Molia, J.P., Nicolai and Tanenbaum, JJ., concur.
Decision Date: October 06, 2009