DEPCZYNSKI v. SCHUSTER

42 CA 20-00733.

196 A.D.3d 1105 (2021)

2021 NY Slip Op 04421

Kelly Depczynski, Respondent, v. Tom Schuster et al., Appellants.

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

Decided July 16, 2021.


Attorney(s) appearing for the Case

DAVID W. POLAK ATTORNEY AT LAW, P.C., WEST SENECA ( DAVID W. POLAK OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

ROBERT E. WEIG , LANCASTER, FOR PLAINTIFF-RESPONDENT.

Present—Carni, J.P., Lindley, Curran, Troutman and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that defendants breached the parties' contract for, inter alia, removal and replacement of plaintiff's front porch by failing to replace an existing porch foundation footer (footer) with one that was set at a depth of 42 inches below grade as required by the New York State Building Code (building code). Plaintiff alleged...

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