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SETSUO ITO v. MARVIN WINDOWS OF N.Y., INC.

2007-02884

2008 NY Slip Op 07215

SETSUO ITO, appellant, v. MARVIN WINDOWS OF NEW YORK, INC., respondent.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Eric M. Cahalan, P.C., Huntington, N.Y., for appellant.

Greenberg Freeman, LLP, New York, N.Y. (Sanford H. Greenberg of counsel), for respondent.

Before: Steven W. Fisher, J.P., Ruth C. Balkin, William E. McCarthy, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

In 1990 the plaintiff purchased "Marvin windows and doors" for installation in his house in Bridgehampton. He alleged that, at the time he purchased those products, a saleswoman told him that they came with a "lifetime warranty." The plaintiff, however, never received anything in writing about such a lifetime warranty, and the written contract provided only for a one-year warranty. In 1997...

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