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ST. CLARE DEVELOPMENT CORP. v. PORGES

70 A.D.3d 925 (2010)

893 N.Y.S.2d 876

ST. CLARE DEVELOPMENT CORP., Respondent, v. MICHAEL PORGES et al., Defendants/Third-Party Plaintiffs-Appellants. ST. CLARE DEVELOPMENT CORP. et al., Third-Party Defendants-Respondents.

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

Decided February 16, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The respondents established their prima facie entitlement to judgment as a matter of law with respect to the affirmative defenses, counterclaims, and third-party causes of action at issue. The only viable affirmative defenses and claims of the defendant/third-party plaintiffs were against the respondent St. Clare Development Corp. for breach of the limited warranty issued by it to them and for...

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