Cocozzelli v. Andrews Homes, Inc.

Judge Harold R. Banke.

After Frank Cocozzelli became dissatisfied with the house Andrews Homes, Inc. (“Andrews”) was building for him, he sued for breach of contract, fraud, negligence, intentional infliction of emotional distress, and a violation of the Fair Business Practices Act (“FBPA”). The breach of contract claim asserted in the complaint and amended complaint alleged no specific breach other than Andrews’ unilateral refusal to complete construction. The relief sought under this claim was specific performance or, alternatively, damages. In *551addition, at trial the court and the parties…