Fallati v. Concord Pools, Ltd.

Appeal from an order of the Supreme Court (Zwack, J.), entered February 18, 2016 in Albany County, which granted defendant’s motion to dismiss the complaint.

In July 2002, plaintiff and defendant entered into a written contract, whereby defendant agreed to install an in-ground swimming pool upon plaintiff’s property. Approximately eight or nine years later, “a small hairline crack appeared in the bottom of the deep end wall” of the pool. Defendant patched the crack with hydraulic cement and installed a new liner — at its own expense. Thereafter, in July 2014, plaintiff advised defendant that…