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MARINO v. LEWIS

17 A.D.3d 325 (2005)

792 N.Y.S.2d 572

ANNMARIE MARINO, Appellant, v. DAVID LEWIS, Respondent.

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

April 4, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appropriate measure of damages for defective construction "is the cost to repair the defects or, if the defects are not remediable, the difference in value between a properly constructed structure and that which was in fact built" (Brushton-Moira Cent. School Dist. v Thomas Assoc., 91 N.Y.2d 256...

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