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REPECKI v. PAREX INCORPORATED

300 A.D.2d 292 (2002)

751 N.Y.S.2d 849

RICHARD REPECKI et al., Appellants, v. PAREX INCORPORATED, Defendant, and HORTON BUILDING CORP., Respondent. (And a Third-Party Action.)

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

Decided December 2, 2002.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted those branches of the cross motion of the defendant Horton Building Corp. which were to dismiss the causes of action sounding in breach of express and implied warranties, since the plaintiffs failed to timely file a notice of warranty claim pursuant to the limited warranty between them and Horton Building Corp. Further, since the limited warranty excluded any common-law implied warranty...

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