Lewin v. Levine

146 A.D.3d 768 (2017)

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Nature of the Case

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Facts

Lewin (P) entered into a contract with Levine (D) to renovate their home. Ps alleged that after they made payments of hundreds of thousands of dollars, they became dissatisfied with the work, terminated Ds employment, and hired others to complete the project and remediate what they alleged to be improper and poor work. Ps sued D for breach of contract, conversion, and negligence. Ps moved for summary judgment, and the court granted it on the issue of liability on their causes of action. A nonjury trial was held that the court determined that Ps were entitled to damages in the principal sum of $300,500, which represented the amount of money paid by Ps to D. The court found that Ps failed to establish that they made payments to other contractors to remediate the work or to complete the project.