MERON v. WARD LUMBER COMPANY INC.


8 A.D.3d 805 (2004)

779 N.Y.S.2d 597

TERRY M. MERON, Individually and Doing Business as MERON CONSTRUCTION, et al., Respondents-Appellants, v. WARD LUMBER COMPANY, INC., Respondent, and IKO INDUSTRIES, INC., Appellant. (And Another Related Action.)

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

June 10, 2004.


Carpinello, J.

In 1988, plaintiffs purchased roofing shingles from defendant Ward Lumber Company, Inc., a building supply company, for installation on the roofs of their hotel complex then under construction. The shingles were manufactured by defendant IKO Industries, Inc. and were accompanied by an IKO printed limited warranty which stated that the shingles were "free from manufacturing defects." Under its express terms...

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