Bellizzi v. Huntley Estates, Inc.
New York Court of Appeals
3 N.Y.2d 112 (1957)
- Written by Eric Miller, JD
Facts
Huntley Estates, Inc. (defendant), a real estate developer, contracted with John Bellizzi (plaintiff) to build a new home for sale to Bellizzi. During construction, Bellizzi expressed concern about the elevation of the driveway in relation to the street—the result of unexcavated rock close to the surface. Huntley Estates assured Bellizzi that the driveway’s grade would not exceed 10 percent. Upon completion, the grade of the driveway exceeded 22 percent, rendering it unsafe and ultimately unusable. Bellizzi brought suit for breach of the construction contract. The county court ruled in favor of Bellizzi and awarded damages amounting to the fair and reasonable cost of remedying the defective construction. Huntley Estates appealed, arguing that the measure of damages should have been the difference in value between the home as constructed and the lesser of (1) the home’s value had it been constructed in accordance with the contract or (2) the cost of repairs. The appellate division of the New York Supreme Court agreed, adopting a difference-in-value measure of damages. Bellizzi appealed.
Rule of Law
Issue
Holding and Reasoning (Dye, J.)
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