Legal Opinion
Standard Heat, Inc. v. Donato
Appellate Terms of the Supreme Court of New York
Decided June 28, 2013Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the judgment is modified by providing that plaintiffs cause of action is dismissed; as so modified, the judgment is affirmed, without costs.
Plaintiff Standard Heat, Inc. commenced this commercial claims action seeking to recover the principal sum of $814.73, which it claimed defendant owed it pursuant to a contract. Defendant counterclaimed to recover the principal sum of $1,723.48, based on allegations that plaintiff had damaged his oil burner by providing faulty service, and had wrongfully terminated its service contract.
At a nonjury trial,…
2Cases cited4 opinions
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Goodwin v. PeralesNew York Court of Appeals · 1996
- Dandey Realty Corp. v. Nick's Hideaway, Inc.Appellate Terms of the Supreme Court of New York · 2009
- Vita v. Dol-Fan, III, Inc.Appellate Terms of the Supreme Court of New York · 2007