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Lyon v. Belosky Construction, Inc.

Supreme Court of New York, Appellate Division
669 N.Y.S.2d 400 (App. Div. 1998)


Facts

Mary Lyon (plaintiff) contracted with Belosky Construction, Inc. (Belosky) (defendant) to build a custom-made house, based on specific design drawings. After the house was completed, Lyon found out that the roof of the house was centered over the library when it was supposed to be centered over the living room according to the drawings. This resulted in an enlarged overhang over the front door, among other issues. Lyon brought suit for breach of contract. The Supreme Court of New York found in favor of Lyon and granted her $73,182.66 in damages, the amount necessary to bring the roof into compliance with the design drawings. Belosky appealed.

Rule of Law

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Issue

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Holding and Reasoning (Cardona, P.J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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