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TRIFICANA v. CARRIER

CA 10-00539.

81 A.D.3d 1339 (2011)

916 N.Y.S.2d 399

RICHARD TRIFICANA et al., Appellants, v. ROBERT M. CARRIER, Individually and as Officer/Agent of LEGEND DEVELOPERS, LLC, et al., Defendants, and DAVID L. VICKERS, Individually and as Officer/Agent of LEGEND DEVELOPERS, LLC, et al., Respondents.

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

Decided February 10, 2011.

It is hereby ordered that the order insofar as appealed from is reversed on the law without costs, the motion of defendants is denied in its entirety and any breach of warranty causes of action against defendants David L. Vickers, individually and as officer/agent of Legend Developers, LLC, and Legend Developers, LLC are reinstated.

Memorandum: Plaintiffs commenced these consolidated actions seeking damages arising from the allegedly negligent construction of the...

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