Court Finds Warranty Doesn't Apply Absent Structural Damage

ALBANY, N.Y. - A homeowner who didn't allege significant structural damage can't pursue a warranty claim for mold and water damage beyond the initial one-year period for defective workmanship and design, a New York appellate court has affirmed. Lantzy v. Advantage Builders Inc., No. 505491 (N.Y. Sup. Ct., App. Div., 3rd Dept.).

The New York Appellate Division, Third Department, ruled on March 26 that while warranty coverage existed for six years after plaintiff homeowner Eric Lantzy built and purchased the home, only claims alleging "major structural defects" would be covered in years four through six.

Lantzy sued Advantage builders after …