CACECI v. DI CANIO CONSTR.


72 N.Y.2d 52 (1988)

Thomas Caceci et al., Respondents, v. Di Canio Construction Corp., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 30, 1988.


Attorney(s) appearing for the Case

Leon D. Lazer and Karen S. Frieman for appellant.

Robert H. Harris for respondents.

Gary H. Gutchess for New York State Builders Association, Inc., amicus curiae.

Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Chief Judge WACHTLER taking no part.


BELLACOSA, J.

As another building block in our common-law judicial process, this court recognizes the "Housing Merchant" warranty, imposing by legal implication a contractual liability on a homebuilder for skillful performance and quality of a newly constructed home the defendant builder contracted for and sold to plaintiffs. The doctrine that the buyer must beware (caveat emptor) may not be invoked in these circumstances...

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