Randazzo v. Zylberberg

OPINION OF THE COURT

Memorandum.

Judgment unanimously affirmed without costs.

*110Plaintiffs action seeks damages resulting from defendant’s alleged failure to make repairs under the new home implied warranty of merchantability, set forth in article 36-B of the General Business Law. Section 777-a (4) (a) thereof imposes a notice requirement as a condition precedent to a buyer’s right to commence a suit for a breach of the warranty. The notice requirement dictates that a claim of breach of warranty be in writing and received by the builder no later than 30 days after expiration of the applicable…