HORWITZ v. CAMELOT ASSOCIATES CORPORATION

506696, 506752.

66 A.D.3d 1299 (2009)

888 N.Y.S.2d 241

2009 NY Slip Op 7724

MARC HORWITZ et al., Respondents, v. CAMELOT ASSOCIATES CORPORATION, Defendant and Third-Party Plaintiff-Appellant. BOSWELL ENGINEERING NEW YORK, P.C., Third-Party Defendant-Appellant, et al., Third-Party Defendant. (And a Fourth-Party Action.)

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

Decided October 29, 2009.


Lahtinen, J.

Plaintiffs entered into a contract to purchase a lot and new house to be constructed thereon by defendant in an area being developed by defendant in the Town of Wilton, Saratoga County. Shortly after the closing in August 2003, plaintiffs allegedly discovered significant problems with the house, including a constant flow of water in the basement, erosion under one footing, mold and fungal growth and infestation by fungal gnats. Although the engineering...

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