Court Dismisses DASNY’s Breach of Warranty Claim Against General Contractor

Court Dismisses DASNY’s Breach of Warranty Claim Against General Contractor

 

November 20, 2017 – In a written Opinion and Order, the Commercial Division of the Supreme Court of New York for the County of Albany dismissed a Complaint for breach of warranty of future performance filed by the Dormitory Authority of the State of New York (“DASNY”) against a general contractor.  Had DASNY prevailed in applying the predominantly UCC concept to save its otherwise untimely construction contract claim, the potential exposure of warranty claims to contractors performing work in New York would be endless.  Greg Trif of O’Toole Scrivo represented the prevailing general contractor.

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