Sazer v. Marino

—In an action, inter alia, to recover damages for breach of warranty of habitability, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Segal, J.), entered August 24, 1998, as granted that branch of the defendant’s motion pursuant to CPLR 3211 which was to dismiss stated portions of the first cause of action asserted in the complaint and struck all of the allegations in the first cause of action except those which relate to defects in the subject intake grill and flues, and water leaks.

Ordered that the order is reversed insofar as…