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GORSKY v. TRIOU'S HOMES

194 Misc.2d 736 (2002)

755 N.Y.S.2d 197

THOMAS GORSKY et al., Plaintiffs, v. TRIOU'S CUSTOM HOMES, INC., Defendant.

Supreme Court, Wayne County.

December 1, 2002.

Attorney(s) appearing for the Case

Schell & Schell, P.C. (George A. Schell of counsel), for plaintiffs.

Converse & Morell, LLP (John P. Morell of counsel), for defendant.

OPINION OF THE COURT

JOHN B. NESBITT, J.

I. Introduction

Both plaintiffs and defendant move for pretrial relief requiring determination whether the statutory warranties attaching to sales of new homes apply where no transfer of real estate accompanies home purchase; that is, where the home is constructed on land already owned by the buyer. This court finds that the transfer of the underlying real estate...

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