GOMES v. ERN-ROC HOMES


70 Misc.2d 658 (1972)

Peter Gomes, Plaintiff, v. Ern-Roc Homes Inc., Defendant.

Civil Court of City of New York, Trial Part, Queens County.

July 13, 1972


Attorney(s) appearing for the Case

Jacob J. Gottesman for plaintiff. Joseph P. Dorsa for defendant.


NAT H. HENTEL, J.

Plaintiff is the present owner of premises built by the defendant. Defendant sold the premises originally to Cedomir and Staka Sanj. Under the terms of the contract of sale dated October 30, 1968: "Seller [defendant] agrees to deliver guarantees from subcontractors or to deliver its own guarantees in lieu thereof for the * * * Roof against leakage due to defective materials and/or installation." This guarantee was "to be for...

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