Ordered that the judgment is reversed, on the facts and in the exercise of discretion, the complaint is reinstated, the motion is denied, and the matter is remitted to the Supreme Court, Nassau County, for a new trial, with costs to abide the event.
In July 2002 the plaintiffs entered into an agreement to purchase a newly-constructed single-family house from the defendant builder. After closing on their house, the plaintiffs commenced this action alleging, among other...
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