IMPERIA v. MARVIN WINDOWS OF NEW YORK, INC.


297 A.D.2d 621 (2002)

747 N.Y.S.2d 35

JOSEPH R. IMPERIA et al., Appellants, v. MARVIN WINDOWS OF NEW YORK, INC., et al., Respondents.

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

Decided September 9, 2002.


Ordered that the order entered October 12, 2000, is modified by (1) deleting the provision thereof granting that branch of the motion which was for summary judgment dismissing the cause of action alleging breach of express warranty and substituting therefor a provision denying that branch of the motion, and (2) deleting the provision thereof denying those branches of the plaintiffs' cross motion which were to amend the cause of action to recover damages for breach of warranty...

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