Judge Andrew Tarantino Jr.
Koral Brothers sued for breach of contract alleging it advanced East End Wine Cellars (EEWC) over $28,000 for services and materials which EEWC did not deliver. EEWC denied every allegations and asserted affirmative defenses and counterclaims arguing Koral failed to pay for any custom design and planning. As part of a new home construction, Koral was to have a wine cellar built. It contracted with EEWC who requested various deposits and lock-in prices, which Koral paid. Despite demands, EEWC was behind schedule and never produced the finished products. The court found Koral's project manager, DiResta credible, but ruled EEWC's witness was not entitled to the same finding if defendant intentionally misrepresented a material fact, then it may be concluded defendant misrepresented everything. However, the court found a contract existed, and that EEWC was paid over $28,000 as deposits for the wine racks and cabinetry. As such, it found Koral performed, but the wine racks and cabinetry were never provided by EEWC, granting Koral's complaint for damages, and denying defendant's. The court also found EEWC failed to provide any evidence to determine EEWC's damages, dismissing EEWC's counterclaim.
