Lee v. Westbury Improvement Co.

Appellate Division of the Supreme Court of New York

Lee v. Westbury Improvement Co.

19 A.D.2d 639, 242 N.Y.S.2d 477, 1963 N.Y. App. Div. LEXIS 3599

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

DecidedJune 17, 1963

StatusPublished

This text of 19 A.D.2d 639 (Lee v. Westbury Improvement Co.) 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

Lee v. Westbury Improvement Co., 19 A.D.2d 639, 242 N.Y.S.2d 477, 1963 N.Y. App. Div. LEXIS 3599 (N.Y. Ct. App. 1963).

Pincite

Opinion

In an action to recover damages for breach of contract, arising out of defendant’s sale to the plaintiffs of a house allegedly containing certain latent defects in construction, plaintiffs appeal, on the ground of inadequacy, from a judgment of the Supreme Court, Nassau County, entered June 6, 1962 upon the court’s decision after a nonjury trial, in plaintiffs’ favor for $1,700 plus costs and disbursements. Judgment modified on the law and the facts by increasing to $3,100 the amount of plaintiffs’ recovery. As so modified, the judgment is affirmed, without costs. Findings of fact contained in the court’s decision which may be inconsistent herewith are reversed and new findings are made as indicated herein. In our opinion, the record establishes that either through misconstruction of the testimony or through error in the computation of damages, the award to plaintiffs was approximately $1,400 less than it should have been. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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In an action to recover damages for breach of contract, arising out of defendant’s sale to the plaintiffs of a house allegedly containing certain latent defects in construction, plaintiffs appeal, on the ground of inadequacy, from a judgment of the Supreme Court, Nassau County, entered June 6, 1962 upon the court’s decision after a nonjury trial, in plaintiffs’ favor for $1,700 plus costs and disbursements. Judgment modified on the law and the facts by increasing to $3,100 the amount of plaintiffs’ recovery. As so modified, the judgment is affirmed, without costs. Findings of fact contained in the court’s decision which may be inconsistent herewith are reversed and new findings are made as indicated herein. In our opinion, the record establishes that either through misconstruction of the testimony or through error in the computation of damages, the award to plaintiffs was approximately $1,400 less than it should have been. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

19 A.D.2d 639, 242 N.Y.S.2d 477, 1963 N.Y. App. Div. LEXIS 3599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-westbury-improvement-co-nyappdiv-1963.