Confirm favorite deletion?
Contracts Keyed to Kunz
Lyon v. Belosky Construction, Inc.
Citation:669 N.Y.S.2d 400 (App. Div. 1998)
Plaintiff entered into a contract with Defendant to construct a custom home. Plaintiff retained an architectural firm for the job, who recommended they retain Defendant to prepare construction documents and conduct periodic inspections to ensure that the home was constructed in conformity with the drawings. After construction started Plaintiffs found issue with a dormer over the home’s main entrance. The dormer was removed and rebuilt but Plaintiff found it unsatisfactory and directed Defendant to remove it. After construction was completed and Plaintiff moved into the home, Plaintiff learned that the roof had been centered over the library rather than the living room per the drawings. This resulted in a change in the roof proportions and enlargement of the overhang over the main entrance and so, the entrance pillars could not be used in the manner depicted in the drawings.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.