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Lewin v. Levine | 44 N.Y.S.3d 540 (2017)

If a contracting party breaches the agreement, the nonbreaching party may bring a lawsuit to recover damages. In Lewin versus Levine, the court explained the evidentiary showing that the nonbreaching party needs to make to support a damages award.

Harley and Laurie Lewin contracted with Harmon Development Corporation for the company to renovate the Lewins’ home in Chappaqua, New York. The company’s president, Harmon Levine, executed the contract on the company’s behalf. After paying the company hundreds of thousands of dollars, the Lewins became dissatisfied with the work and fired the company from the renovation project. The Lewins then hired other contractors to fix the company’s unsatisfactory work and complete the renovation.

The Lewins then brought an action against the company, Levine, and Levine’s wife in New York state court, alleging claims including breach of contract. The Lewins’ complaint requested damages of just over two hundred thousand dollars, which they alleged was the cost of repairing the Chappaqua house to the condition agreed upon in the contract and replacing damaged and stolen property. In twenty fourteen, the Lewins moved for summary judgment, seeking damages of almost four hundred sixty-nine thousand dollars. The trial court granted the Lewins’ motion on the issue of liability. But because the Lewins’ motion had requested significantly more in damages, the court scheduled a bench trial on the damages issue.

At trial, the Lewins testified that they’d paid the company a total of three hundred thousand, five hundred dollars under the contract. The Lewins didn’t break down that amount into how much they paid either for work that the company didn’t complete or for defective work that required further repairs. The Lewins also didn’t present evidence of any payments they’d made to other contractors for repairing the company’s unsatisfactory work or for finishing the renovation project.

After trial, the court awarded the Lewins the three hundred thousand, five hundred dollars that they’d paid under the contract. The company and the Levines appealed to the Appellate Division of the New York Supreme Court.

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