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FULTON CHEVROLET CADILLAC CO., INC. v. GURDA

22 Misc.3d 80 (2008)

___ N.Y.S.2d ___

FULTON CHEVROLET CADILLAC CO., INC., Appellant, v. MICHAEL A. GURDA, JR., Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

November 26, 2008.

Attorney(s) appearing for the Case

John A. Worts for appellant.

Concur: RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.

OPINION OF THE COURT

MEMORANDUM.

Judgment, insofar as appealed from, reversed without costs and judgment directed to be entered in favor of plaintiff in the principal sum of $1,274.70.

In this commercial claims action, plaintiff seeks to recover damages for breach of an oral agreement to pay for automobile repairs. The evidence at trial showed that, after obtaining oral authorization to do so, plaintiff...

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