Apfel v. D. A. Bennett, Inc.

Appeal from an order of the County Court of Albany County (Harris, J.), entered January 4, 1984, which affirmed a judgment of the Albany City Court in favor of plaintiff.

In 1979, defendant installed blown-in insulation in plaintiff’s home. Approximately two years later, while in the process of remodeling his kitchen, plaintiff discovered areas in the outer walls of his home devoid of insulation. He contacted defendant, who agreed to reinsulate the defective areas. Defendant, however, refused plaintiff’s request to be compensated for the cost of excess heating fuel consumption as a result of…