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FUMARELLI v. MARSAM DEV.

92 N.Y.2d 298 (1998)

703 N.E.2d 251

680 N.Y.S.2d 440

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

Court of Appeals of the State of New York.

Decided October 20, 1998.

Attorney(s) appearing for the Case

Peckar & Abramson, P. C., New York City (Laura S. Kirsch of counsel), for appellant.

Ginsburg & Redmond, P. C., Hawthorne (Mark Ginsburg of counsel), for respondent.

Hinman, Straub, Pigors & Manning, P. C., Albany (Bartley J. Costello, III, and Deirdre Roney of counsel), for New York State Builders Association, Inc., amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

This litigation and appeal frame the issue whether the statutory housing merchant implied warranty, found in General Business Law article 36-B, is a full substitute for the antecedent common-law housing merchant implied warranty, recognized in Caceci v Di Canio Constr. Corp. (72 N.Y.2d 52, 56). We hold that the...

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