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Lewin v. Levine

New York Supreme Court, Appellate Division
44 N.Y.S.3d 540 (2017)


Harley Lewin (plaintiff) signed a contract with Harmon Levine (defendant), president of Harmon Development Corporation (Harmon), under which Harmon would renovate Lewin’s house. Lewin was not satisfied with Harmon’s work and hired another contractor to finish the job. Lewin had paid $300,500 to Harmon under the contract. Lewin brought suit for breach of contract in the New York Supreme Court. The supreme court granted Lewin summary judgment and ordered a trial on the issue of damages. Lewin did not present evidence indicating which portion of the $300,500 was paid for work that was not done or that was defective. The trial court awarded Lewin $300,500, finding that Lewin failed to prove other contractors had been paid to finish the project. Harmon appealed.

Rule of Law


Holding and Reasoning

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