VIRGILIO TRAILER CORP. v. FERRANDINO & SON, INC.

2020-02760. Index No. 2371/16.

213 A.D.3d 970 (2023)

184 N.Y.S.3d 385

2023 NY Slip Op 01024

Virgilio Trailer Corp., Respondent, v. Ferrandino & Son, Inc., Appellant.

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

Decided February 22, 2023.


Attorney(s) appearing for the Case

Gathman & Bennett, LLP, Huntington, NY ( John C. Bennett of counsel), for appellant.

Iannacci, J.P., Chambers, Wooten and Voutsinas, JJ., concur.


In an action to recover a down payment made pursuant to a construction contract and to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Nassau County (Diccia T. Pineda-Kirwan, J.), entered January 23, 2020. The judgment, upon a decision of the same court, made after a nonjury trial, is in favor of the plaintiff and against the defendant in the principal sum of $55,955.

Ordered that the judgment is affirmed, without...

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