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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grinberg v. Eissenberg (2017)

Citation
Grinberg v. Eissenberg (2017)
Parent Document
Grinberg v. Eissenberg (2017)
Jurisdiction
New York (state)
Effective Date
2017-12-29

Full Text

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Nor was there any other evidence to support an award damages on this record. Plaintiff's failure to commence this action until five years after the alleged water damage and two years after the repairs had been completed casts serious doubt on the credibility of his claims. Indeed, other than his own self-serving testimony and his contractor's confusing and unreliable testimony, plaintiff proffered nothing to justify awarding him $4,650 to "fix" the repairs. Plaintiff's contractor never testified as an expert, he could not comment on what kind of work was done at the time of the repairs, and any estimates presented included areas that were beyond the challenged repairs. Clearly, the trial court, as the finder of fact, considered and flatly rejected [*4]both plaintiff's and his contractor's testimony. I see no reason to disturb the trial court's assessment.