Rivers v. Deane
New York Supreme Court, Appellate Division
209 A.D.2d 936, 619 N.Y.S.2d 419 (1994)
- Written by Jamie Milne, JD
Facts
John Rivers (plaintiff) hired Barry Deane (defendant) to construct an addition to Rivers’s home. Deane’s construction job was faulty. Among other things, the addition lacked sufficient structural support, rendering the third floor of the addition unusable. Rivers sued Deane for breach of contract. At trial, Rivers’s experts attested to the faulty construction and the addition’s unsafe condition. The trial court concluded that Deane breached the parties’ contract and awarded Rivers damages equal to the difference between the market value of the structure had it been completed as agreed and the market value of the structure as actually completed. The court concluded that this diminution in value totaled $10,000. Deane did not appeal the liability finding but did appeal the damages calculation. He argued that diminution in value was not an appropriate means of calculating damages in this case.
Rule of Law
Issue
Holding and Reasoning (Memorandum decision)
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