O'Malley v. Campione

Order, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered October 10, 2008, after a nonjury trial, which awarded plaintiff damages and directed the entry of a judgment against defendant in the principal amount of $52,900, unanimously reversed, on the law, without costs, and the complaint dismissed. The Clerk is directed to enter judgment dismissing the complaint.

The evidence at trial established that plaintiff paid defendant $52,900 to remodel his apartment and that certain of the work defendant performed was defective. The proper measure of damages for the defective work is the…