Legal Opinion
Fumarelli v. Marsam Development, Inc.
New York Court of Appeals
Decided October 20, 1998PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
This litigation and appeal frame the issue whether the statutory housing merchant implied warranty, found in General Business Law article 36-B, is a full substitute for the ante cedent common-law housing merchant implied warranty, recognized in Caceci v Di Canio Constr. Corp. (72 NY2d 52, 56). We hold that the statute eclipses the case.
In 1991, plaintiff Fumarelli bought a new luxury condominium from defendant Marsam Development, Inc. The purchase agreement contained this all-encompassing provision:
“the sponsor makes no housing merchant implied WARRANTY OR ANY…
2Cases cited12 opinions
- Schuster v. City of New YorkNew York Court of Appeals · 1958
- Reed v. . McCordNew York Court of Appeals · 1899
- Sutka v. ConnersNew York Court of Appeals · 1989
- Rankin v. ShankerNew York Court of Appeals · 1968
- Claim of Bowne v. S. W. Bowne Co.New York Court of Appeals · 1917
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- City of New York v. Smokes-Spirits.Com, Inc.New York Court of Appeals · 2009
- Tiffany at Westbury Condominium v. Marelli Development Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Rothstein v. Equity Ventures, LLCAppellate Division of the Supreme Court of the State of New York · 2002
- Board of Managers of Beacon Tower Condominium v. 85 Adams Street, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Biancone v. BossiAppellate Division of the Supreme Court of the State of New York · 2005
26 more not listed; retrieve them via the Exa API.