What can go wrong, went wrong for the defendant in the case of Vallo v. Vidurek.
Kimerbly Vallo sued John Vidurek, doing business as "Custom Built," in the City Court of Beacon, Dutchess County, alleging a breach of contract based on Vidurek's failure to complete the installation of new kitchen countertops, cabinets, and a sink. Vallo claimed that contractor walked off the job. Vidurek asserted that the customer impeded the project's completion by locking him out of the home.
After Vallo was awarded $3000, Vidurek appealed to the Appellate Term, 9th and 10th Judicial Districts, alleging: 1) the dispute should have been arbitrated (pursuant to an arbitration provision that was contained in the parties' agreement); 2) Vidurek was not personally liable for the sums found to be due; and 3) relief was improperly awarded in Vallo's favor.
Needless to say, Vidurek's appeal wasn't victorious. In its decision, the Appellate Term noted that the right to arbitrate was waived by his "active participation in the (City Court) litigation" and that once lost that right could not be "recaptured." And, since the documentary proof submitted at trial established that Vidurek acted in his individual capacity, rather than on behalf of a corporate entity, he was personally responsible for the contract's performance (and for any damages that flowed from the contract's breach). Finally, the appellate judges deferred to the City Court's credibility findings and its review of the evidence (which consisted of two itemized estimates) and vindicated Vallo's victory.
For a copy of the Appellate Term's decision in Vallo v. Vidurek, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_51411.htm