LAZAROFF v. PARACO GAS CORPORATION

2011-03760.

95 A.D.3d 1080 (2012)

945 N.Y.S.2d 326

2012 NY Slip Op 3812

PERETZ LAZAROFF, Individually and on Behalf of All Others Similarly Situated, Respondent, v. PARACO GAS CORPORATION et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 15, 2012.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly denied those branches of the defendants' respective motions pursuant to CPLR 3211 (a) (1) and (7) which were to dismiss the first, second, and fourth causes of action, and so much of the sixth cause of action as sought to recover damages for breach of an express warranty, insofar as asserted against each of them. Contrary to the defendants' contentions,...

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