Legal Opinion

American Standard, Inc. v. Schectman

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1981PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Hancock, Jr., J.

Plaintiffs have recovered a judgment on a jury verdict of $90,000 against defendant for his failure to complete grading and to take out certain foundations and other subsurface structures to one foot below the grade line as promised. Whether the court should have charged the jury, as defendant Schectman requested, that the difference in value of plaintiffs’ property with and without the promised performance was the measure of the damage is the main point in his appeal.1 We hold that the request was properly denied and that the cost of completion—not the…

2Cases cited9 opinions

  1. Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
  2. Spence v. . HamNew York Court of Appeals · 1900
  3. Bellizzi v. Huntley Estates, Inc.New York Court of Appeals · 1957
  4. Peevyhouse v. Garland Coal & Mining CompanySupreme Court of Oklahoma · 1962
  5. Chamberlain v. . ParkerNew York Court of Appeals · 1871

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3Cited by17 opinions

  1. The Chase Manhattan Bank, N.A. v. American National Bank And Trust Company Of ChicagoCourt of Appeals for the Second Circuit · 1996
  2. Kaufman v. Le Curt Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  3. Chase Manhattan Bank, N.A. v. American National Bank & Trust Co.Court of Appeals for the Second Circuit · 1996
  4. Kangas v. TrustAppellate Court of Illinois · 1982
  5. Sarnelli v. CurzioAppellate Division of the Supreme Court of the State of New York · 1984

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