JASON MCCARTHY plf-res, v. NEW YORK KITCHEN & BATHROOM CORP., def-ap

4347-4348. JASON MCCARTHY plf-res, v. NEW YORK KITCHEN & BATHROOM CORP., def-ap — [AND A THIRD-PARTY ACTION] Law Offices of C. Jaye Berger, New York (C. Jaye Berger and Louis A. Badolato of counsel), for ap — Kishner & Miller, New York (Scott Himes of counsel), for res — Judgment, Supreme Court, New York County (Margaret A. Chan, J.), entered June 16, 2016, after a jury trial, awarding plaintiffs the total amount of $1,355,810.08, unanimously reversed, on the law, without costs, the judgment vacated, and the matter remanded for a new trial. Appeal from order, same court and Justice, entered on or about February 22, 2016, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

4347-4348. JASON MCCARTHY plf-res, v. NEW YORK KITCHEN & BATHROOM CORP., def-ap — [AND A THIRD-PARTY ACTION] Law Offices of C. Jaye Berger, New York (C. Jaye Berger and Louis A. Badolato of counsel), for ap — Kishner & Miller, New York (Scott Himes of counsel), for res — Judgment, Supreme Court, New York County (Margaret A. Chan, J.), entered June 16, 2016, after a jury trial, awarding plaintiffs the total amount of $1,355,810.08, unanimously reversed, on the law, without costs, the judgment vacated, and the matter remanded for a new trial. Appeal from order, same court and Justice, entered on or about February 22, 2016, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

On May 6, 2010, plaintiffs entered into a contract with defendant New York Kitchen & Bathroom Corp. (NYKB) to renovate their Manhattan apartment. The contract set forth an estimated date for “[s]ubstantial completion” of October 30, 2010, subject to various conditions, and expressly stated that the estimated completion date was not a “definite date which is of the essence.” Third-party defendant Frank Catanzarite signed the contract as NYKB’s chief operating officer, as did Perry Hiiman, the president of NYKB. Between May 6, 2010 and December 20, 2010, plaintiffs entered into additional contracts and amendments to the initial contract that expanded the original scope of renovation work. Three of these agreements were with NYKB, signed by Catanzarite and Hiiman, and five of the agreements were with “Frank Catanzarite Construction Co.” (FCC) and signed only by Catanzarite, with no mention of NYKB. For the NYKB contracts, plaintiffs wrote checks made payable to “New York Kitchen and Bathroom,” while the checks for the FCC contracts were made payable directly to Catanzarite.

JASON MCCARTHY plf-res, v. NEW YORK KITCHEN & BATHROOM CORP., def-ap

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal