Fracentese v. Sprain Lake Knolls, Inc.

Appellate Division of the Supreme Court of New York

Fracentese v. Sprain Lake Knolls, Inc.

10 A.D.2d 881, 200 N.Y.S.2d 824, 1960 N.Y. App. Div. LEXIS 10502

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 25, 1960

StatusPublished

This text of 10 A.D.2d 881 (Fracentese v. Sprain Lake Knolls, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fracentese v. Sprain Lake Knolls, Inc., 10 A.D.2d 881, 200 N.Y.S.2d 824, 1960 N.Y. App. Div. LEXIS 10502 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for breach of a contract to construct a house, defendant, the builder, appeals from a judgment of the City Court of Yonkers, entered May 14, 1959, after trial before the court without a jury, in favor of plaintiffs for $3,000, with interest and costs. It was claimed that an automobile could not be brought into the garage, an integral part of the house, because the grade of the driveway was too steep. There was testimony that proper regrading of the driveway would entail lifting the entire house and that the cost of such regrading would be more than the cost of constructing a new driveway and garage, which was estimated at $3,000. Judgment affirmed, with costs. (Bellizzi v. Huntley Estates, 3 N Y 2d 112; Russ v. Lakeview Development, 133 N. Y. S. 2d 641, 644.) Beldock, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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In an action to recover damages for breach of a contract to construct a house, defendant, the builder, appeals from a judgment of the City Court of Yonkers, entered May 14, 1959, after trial before the court without a jury, in favor of plaintiffs for $3,000, with interest and costs. It was claimed that an automobile could not be brought into the garage, an integral part of the house, because the grade of the driveway was too steep. There was testimony that proper regrading of the driveway would entail lifting the entire house and that the cost of such regrading would be more than the cost of constructing a new driveway and garage, which was estimated at $3,000. Judgment affirmed, with costs. (Bellizzi v. Huntley Estates, 3 N Y 2d 112; Russ v. Lakeview Development, 133 N. Y. S. 2d 641, 644.) Beldock, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

10 A.D.2d 881, 200 N.Y.S.2d 824, 1960 N.Y. App. Div. LEXIS 10502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fracentese-v-sprain-lake-knolls-inc-nyappdiv-1960.