Bonnie Briar Country Club, Inc. v. Felix Equities, Inc.

Appellate Division of the Supreme Court of New York

Bonnie Briar Country Club, Inc. v. Felix Equities, Inc.

207 A.D.2d 617, 615 N.Y.S.2d 1023, 1994 N.Y. App. Div. LEXIS 8154

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 4, 1994

StatusPublished

This text of 207 A.D.2d 617 (Bonnie Briar Country Club, Inc. v. Felix Equities, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bonnie Briar Country Club, Inc. v. Felix Equities, Inc., 207 A.D.2d 617, 615 N.Y.S.2d 1023, 1994 N.Y. App. Div. LEXIS 8154 (N.Y. Ct. App. 1994).

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Opinion

—Crew III, J.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Nicolai, J.), entered May 5, 1992 in Westchester County, upon a decision of the court in favor of plaintiff.

Defendant argues on appeal that plaintiff failed to establish a prima facie case as to damages and, therefore, that defendant’s motion to dismiss at the close of plaintiff’s case should have been granted. We cannot agree. Our review of the relevant testimony leads us to conclude that there was sufficient evidence regarding both the overall square footage of the area to be paved and the cost per square foot of resurfacing to enable Supreme Court to arrive at the proper measure of plaintiff’s damages. Defendant’s remaining contentions have been examined and found to be lacking in merit.

Cardona, P. J., Casey, Weiss and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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—Crew III, J.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Nicolai, J.), entered May 5, 1992 in Westchester County, upon a decision of the court in favor of plaintiff.

Defendant argues on appeal that plaintiff failed to establish a prima facie case as to damages and, therefore, that defendant’s motion to dismiss at the close of plaintiff’s case should have been granted. We cannot agree. Our review of the relevant testimony leads us to conclude that there was sufficient evidence regarding both the overall square footage of the area to be paved and the cost per square foot of resurfacing to enable Supreme Court to arrive at the proper measure of plaintiff’s damages. Defendant’s remaining contentions have been examined and found to be lacking in merit.

Cardona, P. J., Casey, Weiss and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Bluebook (online)

207 A.D.2d 617, 615 N.Y.S.2d 1023, 1994 N.Y. App. Div. LEXIS 8154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonnie-briar-country-club-inc-v-felix-equities-inc-nyappdiv-1994.