Harris v. Whalen

General Business Law § 777-a, which is contained within General Business Law article 36-B, provides that as a prerequisite to commencing an action alleging breach of the statute, written notice of a claim for breach of warranty must be received by the defendant prior to the commencement of the action no later than 30 days after the expiration of the warranty period (see Finnegan v Brooke Hill, LLC, 38 AD3d 491 [2007]). The warranty date is defined as “the date of the passing of title to the *709first owner for occupancy by such owner or such owner’s family as a residence, or the date of first…