BOARD OF EDUC. OF PALMYRA-MACEDON CENT. SCH. DIST. v. FLOWER CITY GLASS CO., INC.

856 CA 18-01747.

178 A.D.3d 1359 (2019)

2019 NY Slip Op 09123

Board of Education of Palmyra-Macedon Central School District, Respondent, v. Flower City Glass Co., Inc., et al., Appellants.

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

Decided December 20, 2019.


Attorney(s) appearing for the Case

OSBORN, REED & BURKE, LLP, ROCHESTER ( MICHAEL A. REDDY OF COUNSEL), FOR DEFENDANTS-APPELLANTS FLOWER CITY GLASS CO., INC., FLOWER CITY GLASS ASSOCIATES, LLC, FLOWER CITY GLASS CO. OF NEW YORK, LLC, FLOWER CITY GLASS, AND NUDO PRODUCTS, INC.

Present—Whalen, P.J., Smith, DeJoseph, Curran and Winslow, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of the motion of defendant Nudo Products, Inc. for summary judgment dismissing plaintiff's breach of express warranty cause of action against it to the extent that this cause of action is based on documents or agreements other than the Limited Finish Warranty Agreement and for summary judgment dismissing the cross claims against it for breach of express warranty...

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