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SOUTHAMPTON COMMONS HOMEOWNERS ASSOCIATION, INC. v. SOUTHAMPTON ASSOCIATES

268 A.D.2d 580 (2000)

702 N.Y.S.2d 848

SOUTHAMPTON COMMONS HOMEOWNERS ASSOCIATION, INC., Appellant, v. SOUTHAMPTON ASSOCIATES et al., Defendants and Third-Party Plaintiffs-Respondents, HAMPTON CLUB II ASSOCIATES et al., Defendant and Third-Party Plaintiffs, et al., Defendants. EDWARD FLAX et al., Third-Party Defendants.

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

Decided January 31, 2000.

Ordered that the judgment is affirmed, with costs.

The plaintiff commenced this action to recover damages for breach of warranty claiming, inter alia, that the sponsor of a condominium complex, the respondent Southampton Associates (hereinafter the sponsor), breached its express and implied warranties to deliver to its condominium homeowners an operable and working sewage treatment plant that would meet permit criteria established by the Suffolk County Department...

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