Opinion
June 1, 1987
Appeal from the Supreme Court, Nassau County (Ryan, J.).
Ordered, that the judgment is modified, on the facts, by reducing the award to the plaintiffs to the principal sum of $20,200; as so modified, the judgment is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate amended judgment.
The trial court properly considered the amount actually paid by the plaintiffs to replace the negligently installed cedar siding in ascertaining the amount recoverable, i.e., the fair and reasonable market price for correcting the defective installation (see, Bellizzi v Huntley Estates, 3 N.Y.2d 112; City School Dist. v McLane Constr. Co., 85 A.D.2d 749, lv denied 56 N.Y.2d 504; Ciminelli v Umland Bros., 236 App. Div. 154). The record, however, reveals that the sum of $20,200 represents the actual costs of the repairs since the contract between the plaintiff and the contractor who performed the repairs expressly excluded "stone work", for which the plaintiffs paid $3,000 and for which the defendant was not liable. The amount of the award is accordingly modified to the extent indicated. Niehoff, J.P., Rubin, Eiber and Kunzeman, JJ., concur.