Reale v. Linder

OPINION OF THE COURT

Memorandum.

Judgment unanimously modified by reducing the amount awarded to defendant to the sum of $9,145, together with costs and disbursements in the court below, and, as so modified, affirmed, without costs.

Although the opinion of the court below may have contained incorrect characterizations of the testimony, a review of the record leads us to conclude that plaintiff failed to perform the contract in accordance with the plans and specifications and the Building Code. Plaintiff’s claim that he substantially complied with the applicable code provisions is not, in our…