In Madhot v. Schussler (Court File No. 05-SC-14839), at para. 37, Gates J. considered the assessment of damages regarding the defective installation of a driveway patio and sidewalk: In this case, there was no evidence before the court that the driveway could not and was not used or accessed by the Defendant. Furthermore, the addition of the driveway, patio and sidewalk would no doubt have the effect of aesthetically improving the premises. Thus, the trial judge’s findings of fact here cannot be supported based on the evidence before the court.
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