Creations by Roselynn v. Costanza

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 plaintiffs 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 plaintiff to damages and dismissal of defendant’s counterclaim. However, the matter must be remanded for a new trial for an assessment of…