Motion-Secondary: Katie Francisco, James Francisco v. Darrin Perrotte, Hilltop Custom Landscape & Design, Hilltop Custom Landscape & Design Llc

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                                FILED: CLINTON COUNTY CLERK 05/14/2021 06:06 PM                                               INDEX NO. 2019-0001622
NYSCEF DOC. NO. 25                                                                     RECEIVED NYSCEF: 05/14/2021




                 STATE OF NEW YORK
                 SUPREME COURT      COUNTY OF CLINTON
                 KATIE FRANCISCO AND JAMES FRANCISCO,
                                                                                   DEFENDANT’S PRETRIAL
                                             Plaintiffs,                               CONFERENCE
                 -against-                                                            MEMORANDUM

                 DARIN PERROTTE d/b/a CUSTOM LANDSCAPE and                             Index No.: 2019-1622
                 DESIGN and HILLTOP CUSTOM LANDSCAPE and
                 DESIGN, LLC,

                                             Defendants.

                       Defendant, Darin Perrotte, through his attorneys, Stafford, Owens, Piller, Murnane,
                Kelleher & Trombley, PLLC (Justin R. Meyer, Esq., of counsel), as and for his Pretrial Conference
                Memorandum states as follows:

                                                   CLAIMS AND DEFENSES

                        The Plaintiffs’ claim against the Defendants is for breach of contract. The Plaintiffs
                contend that they contracted with the Defendants to install a paver-stone driveway at their home,
                and though installed, the installation by the Defendants was deficient. Defendants deny the claims
                of the Plaintiffs.


                                                           WITNESSES

                       The Defendants anticipated witness at trial include:
                               -   Darin Perrotte
                               -   Representatives of Cambridge (manufacturer of paver-stones)
                               -   Representatives of Alliance Company (manufacturer of the polymer sand)
                               -   Aaron Ovious, P.E.
                               -   Employees of Defendant Hilltop Custom Landscape
                               -   Katie Francisco
                               -   James Francisco
                                                     ANALYSIS OF ISSUES

                        In May of 2016, Plaintiffs and Defendant Darin Perrotte entered into an agreement whereby
                Defendant Darin Perrotte and Defendant Hilltop Custom Landscape would install a driveway at
                the home of the Plaintiffs. The flat-fee contract price for this project was $11,500, which included
                labor and materials. Defendant Darin Perrotte and Defendant Hilltop Custom Landscape installed
                the said driveway in accordance with the terms of the contract.
                        The installation of the paver-stone driveway was completed in or about June of 2016. At
                the request of the Plaintiffs, in the spring of 2017, Defendants returned to the Plaintiffs’ residence




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FILED: CLINTON COUNTY CLERK 05/14/2021 06:06 PM                                            INDEX NO. 2019-0001622
NYSCEF DOC. NO. 25                                                                   RECEIVED NYSCEF: 05/14/2021




                to adjust certain areas of the driveway. Again the Plaintiffs accepted the work of the Defendants,
                and on multiple occasions complimented the Defendants work or otherwise indicated that the areas
                adjusted by the Defendant were “no longer an issue”.
                       While the Contract itself does, in effect, include a workmanship warranty of 2 years,
                Defendant addressed each and every concern within the said warranty period. As recently as the
                spring of 2019, the Plaintiffs expressed their satisfaction with the work of the Defendant.
                       Defendants’ contention in sum and substance is that the driveway was properly installed
               and in conformity with industry standards and recommendation of the paver-stone manufacturer.
               The driveway remains in good and appropriate condition and has, in fact, been used by the
               Plaintiffs for years since its installation with no apparent defects.



                Dated: May 14, 2021                  STAFFORD, OWENS, PILLER, MURNANE,
                                                     KELLEHER & TROMBLEY, PLLC


                                                 By: _______________________________________
                                                     Justin R. Meyer, Esq.
                                                     Counsel for the Defendants
                                                     One Cumberland Avenue
                                                     P.O. Box 2947
                                                     Plattsburgh, New York 12901
                                                     (518) 561-4400


                To:    LAW OFFICES OF JOE MUCIA, P.C.
                       Joseph R. Mucia, Esq.
                       Counsel for the Plaintiffs
                       PO Box 2865
                       Plattsburgh, New York, 12901
                       (518) 566-4100




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