Moller v. Candlewood Construction Corp.

In an action by the purchasers of a newly constructed house against the builder to recover damages for breach of contract, the defendant appeals from an order of the County Court, Westchester County, dated October 19, 1960, which granted plaintiffs’ motion for summary judgment and directed an assessment of damages, pursuant to rule 113 of the Rules of Civil Practice. At the title closing, defendant agreed, in writing, to complete certain unfinished work, to correct any “water condition” in the basement, and to guarantee a dry basement for one year thereafter. This action is based upon the…