GILPIN v. OSWEGO BUILDERS, INC.

CA 11-00042.

87 A.D.3d 1396 (2011)

930 N.Y.S.2d 120

2011 NY Slip Op 6794

GARY W. GILPIN et al., Respondents-Appellants, v. OSWEGO BUILDERS, INC., et al., Appellants-Respondents.

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

Decided September 30, 2011.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of defendants' motion for partial summary judgment dismissing the breach of warranty claim with respect to mold, denying partial summary judgment to defendants dismissing the second cause of action, reinstating that claim with respect to mold as well as the second cause of action, and denying judgment to defendants on their counterclaim and as modified the order is...

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