March 2, 2010

Remedies.

Practice point: When the remodeling of an apartment was negligently done, the proper measure of damages is the cost to remedy the defect.

Students should note that the fact that defendant did not have a home improvement license is not a bar to recovery.

Case: O'Malley v. Campione, NY Slip Op 01588 (1st Dept. 2010)

The opinion is here.

Tomorrow's issue: Motion practice.