E & M FLOORING v. CHLUPSA


179 Misc.2d 828 (1999)

687 N.Y.S.2d 870

E & M Hardwood Flooring Corp., Appellant, v. Henry J. Chlupsa, Respondent.

Supreme Court, Appellate Term, Second Department.

March 2, 1999


Attorney(s) appearing for the Case

Stone & Brantman, Jericho, for appellant. Marie-Fabienne F. De Castro, Roslyn Heights, for respondent.

FLOYD, J. P., PALELLA and LEVITT, JJ., concur.


MEMORANDUM.

Judgment unanimously modified by vacating the award to defendant and dismissing defendant's counterclaim, and, as so modified, affirmed without costs.

Plaintiff, a subcontractor, sued defendant, a landowner, for work, labor and services regarding the installation of a hardwood floor in defendant's home. The subcontractor stated that his only contract was with the general contractor. The defendant homeowner...

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