Butler v. Caldwell & Cook, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously affirmed, without costs. Memorandum: Plaintiffs in these class actions sue the builders of their homes for damages sustained as the result of defective siding and sheathing. Special Term properly dismissed the causes of action sounding in negligence and strict products liability. Neither cause of action lies for recovery of "economic loss” due to product failure (see, Hemming v Certainteed Corp., 97 *560AD2d 976, appeal dismissed 61 NY2d 758; Queensbury Union Free School Dist. v Walter Corp., 94 AD2d 834).
The causes of action labeled "Express Warranty” were properly dismissed…
2Cases cited9 opinions
- Arthur Jaffee Associates v. Bilsco Auto Service, Inc.New York Court of Appeals · 1983
- Hutchins v. GorlickiNew York Court of Appeals · 1984
- Hemming v. Certainteed Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Miller v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Arthur Jaffee Associates v. Bilsco Auto Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Key International Manufacturing, Inc. v. Morse/Diesel, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Lempke v. DagenaisSupreme Court of New Hampshire · 1988
- Lake Placid Club Attached Lodges v. Elizabethtown Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Speight v. Walters Development Co., Ltd.Supreme Court of Iowa · 2008
- Arell's Fine Jewelers, Inc. v. Honeywell, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
13 more not listed; retrieve them via the Exa API.