In Slomin's v. Franquiz, Slomin's brought an action claiming that Jorge Franquiz had breached certain alarm installation and monitoring agreements that he had with the company. Apparently Franquiz had failed to pay all sums due under the contracts.
The City Court of Middletown, Orange County, sided with Slomin's , and awarded a judgment in the amount of $1,607.53. On appeal, the Appellate Term, Second Department, largely concurred with that outcome.
The AT2 held that the lower court had properly determined that Franquiz's failure to make all payments comprised a breach and, as a result, Slomin's was entitled to recompense as a result.
The AT2 pooh-poohed Franquiz's argument that copies of the contracts produced at trial were illegible and improperly admitted into evidence. The court found the copies in question perfectly legible and admissible as business records, "which had been recorded and copied by [ Slomin's ] in the ordinary course of its business."
But the AT2 slightly modified the lower court's decision. "Since [ Slomin's ] did not assert a claim for attorney's fees in the complaint or at trial, the award in favor of [ Slomin's ]" was reduced by $267.92, which represented the portion of the judgment awarded for such fees.
What baffles us is how Slonim's got something it didn't ask for.
Alarming, no?
For a copy of the Appellate Term's decision, please use this link: Slomin's v. Franquiz