MERCURE, J.P.
Plaintiffs entered into a contract with defendant for the purchase of real property in the Town of Kinderhook, Columbia County, and for construction of a one-family home. Title to the home was transferred in September 2002, and a certificate of occupancy was issued by the Town in January 2003. Thereafter, in 2005, plaintiffs experienced flooding in their basement. After a recurrence in early 2006, plaintiffs presented defendant with written notice of...
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