Kouri's, Inc. v. Impex Corp.

Appellate Division of the Supreme Court of New York

Kouri's, Inc. v. Impex Corp.

74 A.D.2d 917, 426 N.Y.S.2d 78, 1980 N.Y. App. Div. LEXIS 10724

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

DecidedMarch 31, 1980

StatusPublished

This text of 74 A.D.2d 917 (Kouri's, Inc. v. Impex Corp.) 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

Kouri's, Inc. v. Impex Corp., 74 A.D.2d 917, 426 N.Y.S.2d 78, 1980 N.Y. App. Div. LEXIS 10724 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action, inter alia, to recover for work, labor and services rendered, plaintiff appeals from a judgment of the Supreme Court, Dutchess County, entered June 4, 1979, which, after a nonjury trial, dismissed the complaint and awarded defendant the principal sum of $16,875 on its counterclaim. Judgment modified, on the facts, by reducing the principal amount of the award in defendant’s favor to $14,215.50. As so modified, judgment affirmed, without costs or disbursements, and action remitted to Trial Term for entry of an appropriate amended judgment. While Trial Term’s admission of certain of defendant’s exhibits as business records may have been error, we conclude that even without consideration of those exhibits the credible evidence clearly established that plaintiff damaged defendant’s rugs in processing them. As to the amount of loss caused thereby, an examination of the testimonial and documentary proof shows that only $14,215.50 of the damages were established. We have reduced the judgment accordingly. Damiani, J. P., Titone, Margett and Martuscello, JJ., concur.

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In an action, inter alia, to recover for work, labor and services rendered, plaintiff appeals from a judgment of the Supreme Court, Dutchess County, entered June 4, 1979, which, after a nonjury trial, dismissed the complaint and awarded defendant the principal sum of $16,875 on its counterclaim. Judgment modified, on the facts, by reducing the principal amount of the award in defendant’s favor to $14,215.50. As so modified, judgment affirmed, without costs or disbursements, and action remitted to Trial Term for entry of an appropriate amended judgment. While Trial Term’s admission of certain of defendant’s exhibits as business records may have been error, we conclude that even without consideration of those exhibits the credible evidence clearly established that plaintiff damaged defendant’s rugs in processing them. As to the amount of loss caused thereby, an examination of the testimonial and documentary proof shows that only $14,215.50 of the damages were established. We have reduced the judgment accordingly. Damiani, J. P., Titone, Margett and Martuscello, JJ., concur.

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Bluebook (online)

74 A.D.2d 917, 426 N.Y.S.2d 78, 1980 N.Y. App. Div. LEXIS 10724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kouris-inc-v-impex-corp-nyappdiv-1980.