Edelson v. Home Depot

Summary Judgment Dismissing Action Granted in Favor of Home Depot Where Plaintiff Failed to Substantiate Damages Claims


Plaintiff claimed Home Depot failed to complete construction on his kitchen in a timely manner and as a result, he was forced to incur additional expenses derived from the loss of use of his kitchen. During plaintiff's deposition, he admitted he did not have documentary proof (i.e. receipts, credit card statements), and could not recall the actual cost, of a single meal he was forced to purchase at a restaurant during the 123 days Home Depot was renovating the kitchen beyond the schedulued completion date. We moved for summary judgment, arguing that a trial was unnecessary and that plaintiff's claims should be dismissed because plaintiff did not and could not present any evidence of his claimed $25,000 in damages. The court agreed and granted the motion.

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Reference Info:Decision | State, 2nd Circuit, New York | United States

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