Special Referee Lancelot Hewitt
The issue of the amount of damages to be awarded cooperative unit owner Gabriele against Matias was referred to the Special Referee. Gabriele hired Matias to renovate her kitchen. Matias walked off the job without completing the renovation allegedly due to an on-going disagreement with Gabriele. Gabriele hired other contractors to complete the work, but noted she was unable to cook any food in the unit for nearly six months as Matias removed the stove. The referee concluded Gabriele established entitlement to an award of damages against Matias for over $15,000 as her testimony was credible and corroborated by documentary evidence. The referee found Matias’ failure to complete the renovation he agreed to perform resulted in Gabriele sustaining damages and incurring additional expenses in an effort to complete the unfinished renovation work. However, the referee ruled Gabriele failed to provide sufficient evidence of the costs she incurred purchasing her meals during the six months she was without a stove, thus was not entitled to reimbursement. The referee also concluded Gabriele was not entitled to damages for plumbing services as such was satisfactorily rendered.
