BIGGS v. O'NEILL


309 A.D.2d 1110 (2003)

766 N.Y.S.2d 391

FREDERICK E. BIGGS et al., Appellants-Respondents, v. JAMES A. O'NEILL, Individually and Doing Business as CONSTRUCTION MANAGEMENT SERVICES, Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided October 30, 2003.


Mugglin, J.

Plaintiffs seek to recover damages for, inter alia, breach of contract and breach of express and implied warranties for defendant's alleged failure to properly construct the shell of a home on property owned by plaintiffs in the Town of Canton, St. Lawrence County. Supreme Court dismissed certain of plaintiffs' causes of action and precluded plaintiffs from introducing their expert's cost estimates of the amount necessary to repair and complete defendant...

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