Gomes v. Ern-Roc Homes, Inc.

Previously, I had decided the issue of liability under certain builder’s waterproof guarantees in favor of the plaintiff by my decision of July 13,1972 (70 Mise 2d 658). Subsequently, a hearing was conducted before me for the sole purpose of assessing plaintiff’s damages allegedly incurred as a result of defendant’s breach of the guarantees involved in. that defendant failed to make required repairs in the basement and to the roof of the plaintiff’s residence. Plaintiff’s complaint claims that he advanced $3,500 as a result of such failure in order to effectuate repairs and correct the…