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COUNCIL OF UNIT OWNERS v. SIMPLER

603 A.2d 792 (1992)

COUNCIL OF UNIT OWNERS OF BREAKWATER HOUSE CONDOMINIUM, on Behalf of the Association of Owners, James P. Brennan, Letitia R. Brennan, Sharon Krager, Richard L. McMahon, Anne R. McMahon, Michael C. Pistole, Rolanda A. Port, Jacqueline Sunderland, Leslie Finer, Pearson Sunderland, Susan Kovarick, Joseph W. Kovarick, Barbara W. Kovarick and Paula J. Kovarick, Plaintiffs Below, Appellants, v. John A. SIMPLER, Jr., and T. Richard Soraci, Defendants and Third-Party Plaintiffs Below, Appellees, Shore Building Supply, Inc., Third-Party Defendant and Fourth-Party Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: January 21, 1992.

Attorney(s) appearing for the Case

Craig A. Karsnitz (argued), Richard A. Levine, Neilli Mullen Walsh of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiffs below, appellants.

Jeffrey M. Weiner (argued), Wilmington, for defendants and third-party plaintiffs below, appellees John A. Simpler, Jr. and T. Richard Soraci.

Norman C. Barnett of Schab & Barnett, Georgetown, for third-party defendant and fourth-party plaintiff below, appellee Shore Bldg. Supply, Inc.

Before CHRISTIE, C.J., HORSEY, and MOORE, JJ.

HORSEY, Justice:

This is an interlocutory appeal from Superior Court's grant of partial summary judgment for defendants. The court dismissed two of plaintiffs' claims for damages against developers for breach of implied warranties of habitability and of good quality and workmanship. The claims arise from the defendant developers' reconstruction and conversion of an existing apartment building for sale as condominium units.

The trial court found no cognizable...

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