Pronti v. Cicora

Appeal from an order of the Supreme Court (O’Shea, J.), entered May 16, 2006 in Chemung County, which, inter alia, denied plaintiffs motion for summary judgment.

Plaintiff contracted with the 90-year-old defendant to install a new roof and gutters on defendant’s home for $6,625, with defendant making a $3,325 down payment. When plaintiff had the shingles delivered, defendant allegedly immediately told plaintiff that they were not the quality he had requested. Plaintiff nevertheless hired an independent contractor, Michael Whritenour, to begin installing those shingles. Part way through the…