MOLLER v. CANDLEWOOD CONSTR. CORP.


12 A.D.2d 959 (1961)

Edward A. Moller et al., Respondents, v. Candlewood Construction Corp., Appellant

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

February 14, 1961


At the title closing, defendant agreed, in writing, to complete certain unfinished work, to correct any "water condition" in the basement, and to guarantee a dry basement for one year thereafter. This action is based upon the allegation that the basement "continues to become flooded". Defendant denies that there is any "water condition" in the basement. Defendant contends that, if there is any such condition, it was created by plaintiffs themselves because they changed the...

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