HARRIS v. WHALEN

2010-11307.

90 A.D.3d 708 (2011)

934 N.Y.S.2d 323

2011 NY Slip Op 9091

JENNIFER HARRIS et al., Appellants, v. BRYAN WHALEN, Respondent.

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

Decided December 13, 2011.


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

General Business Law § 777-a, which is contained within General Business Law article 36-B, provides that as a prerequisite to commencing an action alleging breach of the statute, written notice of a claim for breach of warranty must be received by the defendant prior to the commencement of the action no later than 30 days after the expiration of the warranty period (see Finnegan v Brooke...

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