Legal Opinion
Caceci v. Di Canio Construction Corp.
New York Court of Appeals
Decided June 30, 1988PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
As another building block in our common-law judicial process, this court recognizes the "Housing Merchant” warranty, imposing by legal implication a contractual liability on a homebuilder for skillful performance and quality of a newly constructed home the defendant builder contracted for and sold to plaintiffs. The doctrine that the buyer must beware (caveat emptor) may not be invoked in these circumstances by the appellant-defendant builder-seller against the plaintiffs purchasers, whose affirmed award of damages after a nonjury trial should also be upheld…
2Cases cited36 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Bing v. ThunigNew York Court of Appeals · 1957
31 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Westwood Pharmaceuticals, Inc. v. National Fuel Gas Distribution Corp.District Court, W.D. New York · 1990
- 55 Motor Avenue Co. v. Liberty Industrial Finishing Corp.District Court, E.D. New York · 1994
- Fumarelli v. Marsam Development, Inc.New York Court of Appeals · 1998
- Board of Managers of Beacon Tower Condominium v. 85 Adams Street, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Smith v. FitzsimmonsAppellate Division of the Supreme Court of the State of New York · 1992
42 more not listed; retrieve them via the Exa API.