N.Y. Appeals Court Affirms Dismissal of Fraud, Warranty Claims in Defective Windows and Doors Suit

NEW YORK — A New York appellate court has upheld a ruling dismissing breach of warranty and fraudulent concealment claims brought against the manufacturer of windows and doors that allegedly began to prematurely rot after they were installed.

The Second Department New York Supreme Court Appellate Division affirmed May 15 that breach of express warranty claims asserted by plaintiff Mark Schwatka were barred by the statute of limitations and that Schwatka failed to specifically allege details of the alleged fraud by manufacturer Super Millwork Inc.

Schwatka sued Super Millwork in August 2010, nearly eight years after he purchased a New …