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CREATIONS v. COSTANZA

189 Misc.2d 600 (2001)

734 N.Y.S.2d 803

CREATIONS BY ROSELYNN, Respondent, v. DEANA COSTANZA, Appellant.

Supreme Court, Appellate Term, Second Department.

October 9, 2001.

Attorney(s) appearing for the Case

Deana Costanza, appellant pro se.

Previte, Farber & Rosen, P. C., Rego Park (Norman J. Rosen of counsel), for respondent.

SCHOLNICK, P. J., ARONIN and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously modified by vacating the award in favor of plaintiff and remanding the matter for a new trial limited to the issue of damages with respect to plaintiff's cause of action; as so modified, affirmed without costs.

The weight of the credible evidence in this small claims trial establishes that defendant's rejection of a wedding dress ordered from plaintiff couture bridal salon was wrongful, thus entitling...

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