Rivers v. Deane

209 A.D.2d 936 (1994)

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Rivers v. Deane

New York Supreme Court, Appellate Division

209 A.D.2d 936 (1994)

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Facts

Rivers (plaintiff) hired Deane (defendant) to construct an addition to Rivers’ home. Deane performed faulty construction that could only be corrected with substantial additional work. Rivers brought suit against Deane in New York state court for breach of contract. The trial court applied the “difference in value rule” and awarded damages to Rivers based only on the diminution in value between the contracted-for construction and the actual construction that was performed. The total damages awarded to Rivers were $10,000. Rivers appealed.

Rule of Law

Issue

Holding and Reasoning (Memorandum)

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