Petre v. New Era Contr. Inc.

CourtAppellate Terms of the Supreme Court of New York
DecidedOctober 22, 2019
Docket2019 NYSlipOp 51673(U)
StatusPublished

This text of Petre v. New Era Contr. Inc. (Petre v. New Era Contr. Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petre v. New Era Contr. Inc., (N.Y. Ct. App. 2019).

Opinion



Gheorghe Petre, Plaintiff-Appellant,

against

New Era Contracting Inc. and Ali A. Chaudhry, Defendants-Respondents.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Bianka Perez, J.), entered March 14, 2019, after trial, in favor of defendants dismissing the action.

Per Curiam.

Judgment (Bianka Perez, J.), entered March 14, 2019, affirmed, without costs.

Civil Court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing plaintiff's claims for breach of contract and defective services (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Plaintiff failed to establish that the masonry work performed by defendant was defective, and failed to submit "[a]n itemized bill or invoice, receipted or marked paid, or two itemized estimates for... repairs" (CCA 1804; see Jesurun v AD Parking Inc., 53 Misc 3d 132[A], 2016 NY Slip Op 51387[U] [App Term, 1st Dept 2016]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur
Decision Date: October 22, 2019

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Related

Williams v. Roper
269 A.D.2d 125 (Appellate Division of the Supreme Court of New York, 2000)

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Petre v. New Era Contr. Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/petre-v-new-era-contr-inc-nyappterm-2019.