Ferreira v. Saccento

• Court: New York Supreme Court — Appellate Division
• Citation: Ferreira v. Saccento, 286 AD2d 366, 729 N.Y.S.2d 178 (N.Y. App. Div. 2001)
• Decision Date: 13 August 2001
• Parties: LOUIS A. FERREIRA, Doing Business as FERREIRA HOME IMPROVEMENTS, Respondent,<BR>v.<BR>ROCCO A. SACCENTO et al., Appellants.

286 A.D.2d 366

729 N.Y.S.2d 178

LOUIS A. FERREIRA, Doing Business as FERREIRA HOME IMPROVEMENTS, Respondent,

v.ROCCO A. SACCENTO et al., Appellants.

Decided August 13, 2001.

Krausman, J. P., McGinity, Schmidt and Adams, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from a decision of the same court entered May 16, 2000, is deemed to be a premature notice of appeal from the order dated February 27, 2001 (see, CPLR 5520 [c]); and it is further,

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contentions, the Supreme Court properly determined the damages awarded for breach of contract, willful exaggeration of the mechanic's lien, and a reasonable attorney's fee incurred in discharging the willfully-exaggerated mechanic's lien. In an action seeking damages for breach of a construction contract, the proper measure of damages is the "fair and reasonable market price for correcting the defective installation [or completing the construction]" (Kaufman v Le Curt Constr. Corp., 196 AD2d 577, 578). The Supreme Court properly excluded from the measure of damages that portion of expenses incurred for work and/or materials which were not required under the contract. With regard to the willfully-exaggerated mechanic's lien, the defendants contend that the damages should be the amount by which...