CARTER v. CAIN


112 A.D.2d 2 (1985)

James T. Carter et al., Respondents, v. Richard C. Cain et al., Appellants. (Appeal No. 1.)

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

June 4, 1985


Order unanimously reversed, on the law, with costs, and motion granted.

Memorandum:

Special Term erred in denying defendants' motion to dismiss the second cause of action for breach of an implied warranty of habitability. The conveyance from defendants to plaintiffs was pursuant to a contract for the sale of a completed house in which defendants had resided for approximately three years. Cases such as De Roche v...

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