RIVERS V. DEANE 209 A.D.2d 936 (1994) CASE BRIEF

RIVERS V. DEANE

209 A.D.2d 936 (1994)

NATURE OF THE CASE: This was a breach of a construction contract on a home. Deane (D) appealed from an order, which awarded a monetary judgment in favor of Rivers (P) in P's action that alleged D breached the parties' contract in the construction of an addition to the P's home.

FACTS: P produced two experts at trial who testified that D failed to construct the addition to Ps' home in a workmanlike manner and that the poor construction rendered the third floor unusable as a master bedroom and bath. P got the verdict and D appealed. P got a verdict for diminution in value.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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