Finnegan v. Brooke Hill, LLC.

In an action to recover damages for breach of the housing merchant implied warranty (General Business Law art 36-B), breach of common-law warranty, and breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Smith, J.), dated October 24, 2005, as granted those branches of the defendant’s motion which were to dismiss the first cause of action alleging breach of the housing merchant implied warranty and the second cause of action alleging breach of common-law warranty pursuant to CPLR 3211 (a) (1), (3), (5), and (7),…