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Violet Henry v. Sun Windows Wholesales

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


March 17, 2011

VIOLET HENRY,
APPELLANT,
v.
SUN WINDOWS WHOLESALES, INC.,
RESPONDENT.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered January 26, 2010.

Henry v Sun Windows Wholesales, Inc.

Decided on March 17, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ.

The judgment, after a non-jury trial, dismissed the action.

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial.

In this small claims action, plaintiff alleges that defendant sold her defective windows and then improperly installed them. After a non-jury trial, the Civil Court dismissed the action.

Upon a review of the record, we find that the trial court did not provide the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125). Contrary to the court's implicit finding, plaintiff's claim against defendant seller was contractual in nature, and therefore there is no basis for the court's conclusion that an action could have been brought only against the manufacturer (see UCC 2-314, 2-315). Accordingly, we reverse the judgment and remit the matter for a new trial on plaintiff's claims of defective installation and breach of implied warranties.

Pesce, P.J., Weston and Steinhardt, JJ., concur.

Decision Date: March 17, 2011

20110317

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