MIRANDO v. ABIDEN CONSTR., INC.

2007-1187 K C.

2008 NY Slip Op 51685 (U)

MICHAEL MIRANDO, Respondent, v. ABIDEN CONSTRUCTION, INC., Appellant.

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

Decided July 30, 2008.


Plaintiff commenced the instant small claims action to recover damages resulting from defendant's alleged breach of contract. Defendant counterclaimed, alleging that it was plaintiff who breached the subject contract. After a nonjury trial, the court awarded plaintiff the principal sum of $5,000 and dismissed defendant's counterclaim.

The decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could...

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