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ZEUS CONSTR. v. FAME CONSTR.

2015-2905 QC.

60 Misc.3d 13 (2018)

78 N.Y.S.3d 864

2018 NY Slip Op 28189

ZEUS CONSTRUCTION SERVICES, LLC, Respondent, v. FAME CONSTRUCTION, INC., Appellant, et al., Defendants.

Supreme Court, Appellate Term, Second Department.

Decided June 15, 2018.

Attorney(s) appearing for the Case

Jerasimos Papapanayotou for appellant.

King & King, LLP ( Peter Kutil of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial limited to a determination of defendant Fame Construction, Inc.'s defense of a setoff against the $9,020 awarded to plaintiff, and its counterclaim, for the expenses it incurred in remedying alleged defects in plaintiff's work on the caulking of the rear yard and in plaintiff's work pertaining to stress cracks...

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