PELC v. BERG

1368 CA 09-00523

68 A.D.3d 1672 (2009)

2009 NY Slip Op 9759

893 N.Y.S.2d 404

ROBERT J. PELC, Doing Business as RITE JOBS PERFORMED, Appellant, v. F. STEVEN BERG et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2009.


It is hereby ordered that the amended judgment so appealed from is unanimously modified on the law by vacating the award of damages with respect to the third counterclaim and dismissing that counterclaim and as modified the amended judgment is affirmed without costs.

Memorandum: Defendants hired plaintiff to perform construction work on their home, which had sustained water damage when a pipe froze and burst while they were in Florida. Defendants became dissatisfied...

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