R.W. KERN, INC. v. CIRCLE INDUS. CORP.


174 A.D.2d 515 (1991)

R.W. Kern, Inc., et al., Appellants, v. Circle Industries Corp., Respondent. (And a Third-Party Action.)

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

June 20, 1991


Plaintiffs sought to recover damages premised upon breach of contract and breach of warranty against defendant Circle, a flooring installation company, in connection with the installation by defendant Circle of defective parquet wood floor tiles, manufactured by Sykes Flooring Company, in a residential apartment building owned by plaintiffs.

Upon examination of the record, we find, as did the IAS court, that the plaintiffs' present motion for summary judgment is precluded...

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