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TIFFANY AT WESTBURY CONDOMINIUM BY ITS BOARD OF MANAGERS v. MARELLI DEVELOPMENT CORP.

34 A.D.3d 787 (2006)

826 N.Y.S.2d 619

TIFFANY AT WESTBURY CONDOMINIUM BY ITS BOARD OF MANAGERS et al., Appellants, v. MARELLI DEVELOPMENT CORP. et al., Respondents, et al., Defendants, and JOHN SCHIMENTI, P.C., Appellant.

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

Decided November 28, 2006.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the cross motion of the defendants Marelli Development Corp., Holiday Management Associates, Inc., Gerald Monter, and Elliot Monter which was for summary judgment dismissing so much of the third cause of action alleging breach of the limited warranty based on defects in the heating, ventilation, and air conditioning system insofar as asserted by the plaintiff Tiffany...

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