Latiuk v. Faber Construction Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action to recover damages allegedly resulting from the defective design and construction of their new home. Plaintiffs concede that defendant is entitled to summary judgment dismissing the first two causes of action, alleging breach of contract and breach of the common-law housing merchant implied warranty, in light of Fumarelli v Marsam Dev. (92 NY2d 298, 302). Contrary to defendant’s contention, neither Fumarelli nor General Business Law §…
2Cases cited7 opinions
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Walker v. SheldonNew York Court of Appeals · 1961
- Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
- Fumarelli v. Marsam Development, Inc.New York Court of Appeals · 1998
- Wowaka & Sons, Inc. v. PardellAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by8 opinions
- Polonetsky v. Better Homes Depot, Inc.New York Court of Appeals · 2001
- Tiffany at Westbury Condominium v. Marelli Development Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- GALLUP, WILLIAM v. SUMMERSET HOMES, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Flandera v. AFA America, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Bedrosian v. GuzyAppellate Division of the Supreme Court of the State of New York · 2006
3 more not listed; retrieve them via the Exa API.