Zaremba v. Marvin Lumber and Cedar Co.

OPINION AND ORDER

BOYKO, District Judge.

This matter comes before the Court upon the Plaintiffs Motion (ECF DKT # 118) for Partial Summary Judgment and Defendant’s Motion (ECF DKT #53) to Dismiss, or in the alternative, for Summary Judgment. For the reasons that follow, Plaintiffs motion is denied and Defendant’s motion is granted.

I. FACTUAL BACKGROUND

In November of 1994, Walter Zaremba (“Zaremba”) ordered windows, doors and related products from Marvin Lumber and Cedar Company (“Marvin”) for installation into a custom-built residence located on Catawba Island, Ohio, and constructed by Zaremba…