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Fletcher Moore Prevails at Trial in Commercial Litigation

Attorney Fletcher Moore recently won a trial and obtained a defense verdict in favor of his client from the Kings County, New York Civil Court.  The plaintiff was seeking over $20,000 in money damages for breach of a written contract against the client.  The client refused payment based on the plaintiff’s breach of the the warranty of habitability.

The trial lasted all day with several witnesses, extensive evidence, and intense cross-examination and redirect. After trial and as a result of the defense verdict entered against the plaintiff, the case was dismissed and the client was relieved from payment of over $20,000.

The trial was conducted by the Honorable Odessa Kennedy. The court found, “[s]ince each party controverts the other’s testimony as to material facts, their credibility is paramount in the Court’s determination of the matter.” “The owner’s testimony contained material omissions and inconsistencies.”

The court also found against the plaintiff  because he failed to provide supporting testimony from a material witness.  The decision underscores the importance of having all potentially key witnesses available, prepared, and ready to testify at trial.

For more information about the decision, please contact fmoore@moorekuehn.com.

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