PRONTI v. CICORA


35 A.D.3d 1007 (2006)

825 N.Y.S.2d 821

MICHAEL J. PRONTI, Doing Business as BEST CONSTRUCTION COMPANY, Appellant, v. CLYDE A. CICORA, Respondent.

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

Decided December 14, 2006.


Lahtinen, J.

Plaintiff contracted with the 90-year-old defendant to install a new roof and gutters on defendant's home for $6,625, with defendant making a $3,325 down payment. When plaintiff had the shingles delivered, defendant allegedly immediately told plaintiff that they were not the quality he had requested. Plaintiff nevertheless hired an independent contractor, Michael Whritenour, to begin installing those shingles. Part way through the project, plaintiff had...

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