Johnson v. Slater

—In an action, inter alia, to recover damages for breach of a housing merchant implied warranty pursuant to General Business Law article 36-B, the plaintiff appeals (1) from a decision of the Supreme Court, Westchester County (DiBlasi, J.), dated May 12, 2000, and (2), as limited by his brief, from so much of a judgment of the same court, entered June 13, 2000, as, upon the granting of that branch of the defendants’ motion pursuant to CPLR 4401 made at the close of the plaintiffs case which was for judgment as a matter of law with respect to the cause of action to recover damages for breach…