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KINDEL v. KAUFMAN & BROAD HOMES OF LONG ISLAND, INC.

67 A.D.2d 938 (1979)

Michael Kindel, on Behalf of Himself and All Other Owners of Condominium Apartment Home Units at Windbrooke Homes Condominium Similarly Situated, Respondent, v. Kaufman and Broad Homes of Long Island, Inc., Appellant

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

February 13, 1979

Order affirmed insofar as appealed from, with $50 costs and disbursements.

Plaintiff is the owner and original purchaser of a unit in a condominium constructed and sold by the defendant. The complaint, which purports to state the claims as a class action, alleges causes of action in fraud and breach of contract in that the defendant, inter alia, failed to provide the insulation in the first floor exterior masonry walls which it represented it would supply in...

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