Legal Opinion

Gilpin v. Oswego Builders, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided September 30, 2011PublishedCited by 7 opinions

1Opinion of the Court

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of defendants’ motion for partial summary judgment dismissing the breach of warranty claim with respect to mold, denying partial summary judgment to defendants dismissing the second cause of action, reinstating that claim with respect to mold as well as the second cause of action, and denying judgment to defendants on their counterclaim and as modified the order is affirmed without costs in accordance with the following memorandum: Plaintiffs commenced this action alleging that they…

2Cases cited17 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Chimart Associates v. PaulNew York Court of Appeals · 1986
  3. Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
  4. National Distillers & Chemical Corp. v. Seyopp Corp.New York Court of Appeals · 1966
  5. Introna v. Huntington Learning Centers, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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3Cited by7 opinions

  1. Wells Fargo Bank v. HodgeAppellate Division of the Supreme Court of the State of New York · 2012
  2. SOUTH BUFFALO DEVELOPMENT, LLC v. PVS CHEMICAL SOLUTIONS, INC.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Continental Holdings, Inc. v. Crown Holdings Inc.Court of Appeals for the Eighth Circuit · 2012
  4. GENERAL MOTORS, LLC v. B.J. MUIRHEAD CO., INC.Appellate Division of the Supreme Court of the State of New York · 2014
  5. SICIGNANO, III, HENRY v. DIXEY, LARAMIE N.Appellate Division of the Supreme Court of the State of New York · 2015

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