NO MAKING UP NUMBERS
After AA hired a home improvement contractor to address some fire damage at his home, a lawsuit was filed to collect the unpaid balance. And when the Richmond Count Supreme Court awarded the contractor some $69,637.71, an appeal ensued.
Because the trial court neglected to supply the underlying calculations for its determination, the Appellate Division, Second Department, asked the court below for a more detailed breakdown. But when that court reported that its judgment was based on the amount that had been demanded in the contractor’s complaint, the AD2 didn’t think that outcome was supported by the evidence in the record.
After reviewing the contract, and adjusting for all insurance payments, the AD2 was of the view that only $61,657.11 was due and payable and amended the judgment accordingly.
Was somebody not playing by the numbers here?
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DECISION