Homeowners' Claims Against Roofing Supplier Limited by Contract
April 7, 2010
DOCUMENTS
- Order
SYRACUSE, N.Y. - A New York trial court has awarded summary judgment to roofing material suppliers after concluding that mold remediation costs and related damages sought by homeowners were barred by contract. Schambach v. Allied Bldg. Prods. Co., et al., No. 2008-2149 (N.Y. Sup. Ct., Broome Cty.).
Broome County (N.Y.) Supreme Court Justice Ferris D. Lebous granted the defendants' motion for summary judgment and dismissed the action on March 18, noting that the homeowners did not ask for the replacement cost of the shingles, which was the only remedy available under the purchase agreement.
George and Maryjane Schambach sued retailer …
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