Pick v. McCombs

Judgment modified, in accordance with memorandum and as modified, affirmed, without costs. Memorandum: Plaintiffs commenced this action on May 23, 1975 to recover sums due under oral and written contracts executed in 1973 involving the construction of a patio and the installation of an aluminum door at defendants’ residence. Defendants counterclaimed, inter alia, for negligent performance under a 1971 contract for the construction of an attached garage and the installation of a rear cellar entrance with retaining wall. In particular, they sought damages due to water seepage into the basement,…