David Home Builders, Inc. v. Misiak

Memorandum: Plaintiff commenced this action seeking damages resulting from defendants’ breach of a real estate contract for a 10-acre parcel of land and a newly constructed home (hereafter, property). We agree with defendants that Supreme Court erred in granting the motion of plaintiff seeking to set aside the jury’s determination concerning the fair market value of .the property that served as the basis for the calculation of damages (see generally CPLR 4404 [a]). We therefore modify the judgment accordingly. The jury was free to reject the opinion of plaintiffs expert on that issue, even…