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PENNA v. NAT'L GYPSUM CO.

125 A.D.2d 1008 (1986)

Matthew D. Penna, Jr., et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. National Gypsum Company, Respondent

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

December 19, 1986

Order and judgment unanimously affirmed, with costs.

Memorandum:

We agree with Special Term that the complaint, which attempts to allege breach of warranty based upon a written guarantee issued in connection with the sale of house siding, fails to state a cause of action. By its terms, the guarantee assured the purchasers that the siding would not need painting for the life of the house on which it is installed and that it would resist the ravages of rot,...

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