Decided on July 23, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., LaCAVA and EMERSON, JJ
2006-1646 OR C.
Slomin's, Respondent,
against
Jorge Franquiz, Appellant.
Appeal from a judgment of the City Court of Middletown, Orange County (Steven
W. Brackett, J.), entered May 24, 2006. The judgment, after a nonjury trial,
awarded plaintiff the principal sum of $1,607.53.
Judgment modified by reducing the award in favor of plaintiff to the principal
sum of $1,339.61; as so modified, affirmed without costs.
In this action for breach of alarm installation and monitoring agreements,
plaintiff sought to recover the balance due for monitoring the alarm and for
the value of the equipment as set forth in said agreements. In our view, the
court below properly determined that defendant breached the agreements in
failing to make the payments due thereunder, entitling plaintiff to the
damages provided for in the contracts in the
total sum of $1,339.61. Contrary to defendant's contention, copies of the
contracts were legible and were properly admitted into evidence (see CPLR
4539) as business records which had been recorded and copied by plaintiff in
the ordinary course of its business.
Since plaintiff did not assert a claim for attorney's fees in the complaint or
at trial, the award in favor of plaintiff should be reduced by the sum of
$267.92 representing the portion of the judgment awarding plaintiff said fees.
We have reviewed defendant's remaining contention and find it to be without
merit.
Rudolph, P.J., LaCava and Emerson, JJ., concur.
Decision Date: July 23, 2007