negligent contractor

[Alexandria Wada]

I live in Suffolk County, New York. Contractor installed a window incorrectly. Want to take him to small claims court. Proof that he installed the window incorrectly consists of an Andersen Window professional coming to the house and inspecting the window. There were no written documents at the time stating that the window was installed incorrectly. The Andersen guy just pointed to all the errors. Is this sufficient evidence? If there is no written documentation stating such, would it be considered "hearsay"? Secondly, the new contractor that corrected the window stated on the contract all the errors that needed to be rectified. Would this be considered sufficient evidence to prove that my original contractor did the work incorrectly?

 

[David J. Miller]

Your best bet would be to have the Anderson Window Rep. appear in court as an expert witness. Some courts do not accept affidavits. You could contact the court and find out if affidavits are acceptable as evidence. You will definitely need to prove your case.