NAHAL v. C & S BLDG. MATERIALS, INC.


116 A.D.2d 822 (1986)

Henry J. Nahal et al., Appellants, v. C & S Building Materials, Inc., Respondent

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

January 2, 1986


Weiss, J.

In 1980, plaintiffs engaged a contractor to insulate their home with materials purchased from defendant. When it was discovered that the material had a lesser "R" value than purportedly represented by defendant, plaintiffs commenced the instant action for breach of warranty and fraud by service upon the Secretary of State pursuant to Business Corporation Law § 306. It is undisputed that the summons and complaint

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