PRONTI v. SMUTZINGER


35 A.D.3d 944 (2006)

825 N.Y.S.2d 577

MICHAEL J. PRONTI, Doing Business as BEST CONSTRUCTION COMPANY and BEST HOME REPAIR SERVICE, Appellant, v. ROBERT G. SMUTZINGER et al., Respondents.

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

Decided December 7, 2006.


Lahtinen, J.

Defendant Robert G. Smutzinger, who was 80 years old, and his wife, entered into a contract with plaintiff to have their roof repaired at a cost of $1,860. Plaintiff contends that he retained an independent contractor who completed the project in a professional fashion and defendants have not paid him any of the agreed upon amount. Defendants assert, among other things, that the work was not done correctly,...

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