N.Y. Courts Dismiss Negligence, Warranty Claims Against Homebuilder

ROCHESTER, N.Y. - A New York appellate court has affirmed dismissal of a negligence claim brought against a home builder over alleged mold contamination, and agreed with the cross-appellant builder that warranty claims brought by the owners should be dismissed as well. Gallup, et al. v. Summerset Homes LLC, et al., No. CA-10-02242 (N.Y. Sup. Ct., App. Div., 4th Dept.).

The New York Supreme Court Appellate Division, Fourth Department, noted in ordering dismissal of individual warranty claims in its March 25 opinion, that the contract at issue in the sole remaining claim contains a limited warranty provision.

William and Ann …