FUMARELLI v. MARSAM DEV., INC.


238 A.D.2d 470 (1997)

657 N.Y.S.2d 61

Thomas A. Fumarelli, Respondent, v. Marsam Development, Inc., Appellant

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

April 21, 1997


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the causes of action to recover damages for breach of contract is granted.

The plaintiff purchased a newly-constructed condominium unit from the defendant. The purchase agreement contained the following disclaimer: "It is further understood that THE SPONSOR MAKES NO HOUSING MERCHANT IMPLIED WARRANTY...

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