Appeals Court Affirms Home Builder's Liability for Breach of Warranty

ALBANY, N.Y. - A New York appellate court has affirmed summary judgment on liability against a home builder whose reliance on an allegedly faulty engineering survey led to water intrusion and mold in a newly constructed home. Horwitz v. Camelot Associates Corp., Nos. 506696, 506752 [2009 NY Slip Op 07724] (N.Y. Sup. Ct., App. Div., 3rd Dept.).

The New York Supreme Court Appellate Division, Third Department, ruled on Oct. 29 that a trial court did not err in granting partial summary judgment on a warranty claim brought by homeowners.

Mark Horwitz sent a notice of warranty claims to homebuilder Camelot …