Marino v. Lewis, 2004-02793.

Decision Date04 April 2005
Docket Number2004-02793.
Citation17 A.D.3d 325,2005 NY Slip Op 02628,792 N.Y.S.2d 572
PartiesANNMARIE MARINO, Appellant, v. DAVID LEWIS, Respondent.
CourtNew York Supreme Court — Appellate Division

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

The appropriate measure of damages for defective construction "is the cost to repair the defects or, if the defects are not remediable, the difference in value between a properly constructed structure and that which was in fact built" (Brushton-Moira Cent. School Dist. v Thomas Assoc., 91 NY2d 256, 262 [1998]; see Ferreira v Saccento, 286 AD2d 366 [2001]). Since the complaint alleged that the amount needed to remedy the work performed by the defendant was $5,000, the Supreme Court correctly concluded that she was not also entitled to recover the $17,000 previously paid to him on the contract.

Adams, J.P., Santucci, Goldstein and Lifson, JJ., concur.

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5 cases
  • Lewin v. Levine
    • United States
    • New York Supreme Court — Appellate Division
    • 11 January 2017
    ...Bd. Mfg. Co., Inc. v. B & G Elec. Contrs., Div. of B & G Indus., Inc., 96 A.D.3d 725, 726, 946 N.Y.S.2d 178 ; Marino v. Lewis, 17 A.D.3d 325, 325–326, 792 N.Y.S.2d 572 ; Ferreira v. Saccento, 286 A.D.2d 366, 729 N.Y.S.2d 178 ; Kaufman v. Le Curt Construction Corp., 196 A.D.2d 577, 578, 601 ......
  • Blackhawk Dev. v. Krusinski Constr. Co.
    • United States
    • U.S. District Court — Southern District of New York
    • 18 April 2022
    ... ... for defective construction” under a construction ... contract. Marino v. Lewis , 17 A.D.3d 325, 326 (2d ... Dep't 2005); Brushton-Moira Cent. Sch. Dist. v. Fred ... ...
  • Blackhawk Dev., LLC v. Krusinski Constr. Co.
    • United States
    • U.S. District Court — Southern District of New York
    • 31 March 2021
    ...is how courts define "the appropriate measure of damages for defective construction" under a construction contract. Marino v. Lewis, 17 A.D.3d 325, 326 (2d Dep't 2005); Brushton-Moira Cent. Sch. Dist. v. Fred H. Thomas Assocs., P.C., 91 N.Y.2d 256, 261-62 (1998) (holding that "the appropria......
  • Crippen v. Adamao
    • United States
    • New York Supreme Court — Appellate Division
    • 31 October 2018
    ...of a home improvement contract by the contractor for defective construction is the cost to repair the defects (see Marino v. Lewis, 17 A.D.3d 325, 792 N.Y.S.2d 572 ; Route 7 Mobil v. Machnick Bldrs., 296 A.D.2d 809, 745 N.Y.S.2d 336 ), as of the date the cause of action accrued (see Halsey ......
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