Mansion Carpets, Inc. v. Marinoff

Determination of the Appellate Term and judgment entered May 12, 1964 in the Civil Court, New York County, in favor of plaintiff after a jury trial, unanimously reversed on the law and the facts, and a new trial granted, without costs or disbursements. Plaintiff sued to recover upon a check issued by defendants for carpeting and floor tile installed by plaintiff in defendants’ residence. Defendants counterclaimed for breach of warranty based on work not encompassed by the check. At the time of trial, plaintiff’s claim on the check had been reduced to $415 by payment made after suit was begun.…