Sunday, December 1, 2013

Rivers v. Deane case brief

Rivers v. Deane case brief summary
209 A.D.2d 936 (1994)

Defendant builder appealed from an order of the Supreme Court, Oswego County (New York), which awarded a monetary judgment in favor of plaintiff homeowners in the homeowners' action that alleged the builder breached the parties' contract in the construction of an addition to the homeowners' home.


  • On appeal, the builder contended that the damages were improperly computed by the trial court. 
  • The court had awarded the homeowners the difference between the market value of the structure had it been completed pursuant to the terms of the contract and the market value of the structure as actually completed. 
  • The court determined that damages were improperly calculated. 
  • The court held that the record did not support the court's award for diminution in value, because no such proof was presented. 
  • The court held that because the defect that arose from the breach of the contract was so substantial as to render the finished building partially unusable and unsafe, the measure of damage was the market price of completing or correcting the performance.

The court reversed the decision of the trial court. The court held that the trial court improperly calculated the damages.

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