Altenburger v. Buzaglo

This was an action by a boat repairer to recover the cost of repairs effected for storage costs. The Defendant argued that most of the repair work was unnecessary or not authorized and that the Plaintiff had caused damage to the boat while in his possession. The Court had little difficulty finding the Defendant liable for the repair costs which had been approved as fair and reasonable by a surveyor. The Court also found the Defendant liable for storage charges as the Plaintiff had specifically advised the Defendant that he would charge for storage. With respect to the Defendant’s counterclaim that the boat was damaged because the Plaintiff failed to cover it, the Court noted that the Defendant was aware the boat was not covered and could have covered it himself. Further, the Defendant was aware that marinas normally charge an additional amount to cover boats and the Defendant was not paying the Plaintiff. Accordingly, the counterclaim was dismissed.