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SIEGEL v. VECTOR REAL ESTATE CORP.

197 A.D.2d 477 (1993)

603 N.Y.S.2d 118

Steven Siegel, Respondent, v. Vector Real Estate Corporation, Appellant, and Rio the Condominium and Spa, Respondent

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

October 26, 1993

While the agreement between plaintiff and defendant sponsor required written notice of defects, latent or patent, the record contains evidence from which the trier of fact might conclude that the sponsor received timely notice of the claims. Accordingly, plaintiff has offered evidence from which a manifestation of intent by Vector to waive the written requirement contained in the parties' agreement could be reasonably inferred...

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