Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action to recover damages allegedly resulting from the defective design and construction of their new home. Plaintiffs concede that defendant is entitled to summary judgment dismissing the first two causes of action, alleging breach of contract and breach of the common-law housing merchant implied warranty, in light of Fumarelli...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.