Legal Opinion
Ito v. Marvin Lumber & Cedar Co.
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 2008PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover damages for breach of express and implied warranties, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated March 1, 2007, which granted the defendant’s motion pursuant to CPLR 3211 (a) (1), (5) and (7) to dismiss the complaint.
Ordered that the order is affirmed, with costs.
In 1990 the plaintiff purchased “Marvin windows and doors” for installation in his house in Bridgehampton. He alleged that, at the time he purchased those products, a saleswoman at the store told him that they came with a “lifetime warranty.” The plaintiff,…
2Cases cited5 opinions
- Park Associates v. Crescent Park Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Gibraltar Management Co. v. Grand Entrance Gates, Ltd.Appellate Division of the Supreme Court of the State of New York · 2007
- State of New York Higher Education Services Corp. v. LangusAppellate Division of the Supreme Court of the State of New York · 1988
- Ito v. Dryvit Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Wyandanch Volunteer Fire Co. v. Randon Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by6 opinions
- Schwatka v. Super Millwork, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Bauerlein v. Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 2010
- New York Methodist Hospital v. Carrier Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Ito v. Marvin Windows of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Hoctor v. Polchinski Memorials, Inc.Appellate Terms of the Supreme Court of New York · 2015
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