Torok v. Moore's Flatwork & Foundations, LLC

Appeal from an order of the Supreme Court (Meyer, J.), entered May 29, 2012 in Essex County, which, among other things, denied defendant’s motion to dismiss the complaint.

Plaintiffs received a proposal from defendant for the construction of footings and a foundation for a new home on plaintiffs’ property. Plaintiff Alex Torok Jr. signed the proposal and plaintiffs paid a down payment to defendant. After defendant set the footings, poured the foundation and asserted that the work was complete, plaintiffs discovered that defendant had failed to set some of the footings as called for in their…