FULTON CHEVROLET CADILLAC CO., INC. v. GURDA

2007-1772 OR C.

2008 NY Slip Op 28542

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

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

Decided November 26, 2008.


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 performed substantial maintenance and repairs on defendant's vehicle in early May 2006. Defendant paid $2,725.13 for the repairs. Approximately three weeks later, on or about May 23, 2006, defendant's vehicle malfunctioned. There was differing testimony...

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