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VITIELLO v. HOME BUYERS RESALE WARRANTY CORP.

533464.

208 A.D.3d 1517 (2022)

175 N.Y.S.3d 597

2022 NY Slip Op 05246

Lisa Vitiello, Individually and on Behalf of Others Similarly Situated, Appellant, v. Home Buyers Resale Warranty Corp. et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 22, 2022.

Attorney(s) appearing for the Case

Mastropietro Law Group, PLLC, Saratoga Springs (Nathan C. Woodard of counsel), for appellant.

DeGraff, Foy & Kunz, LLP, Albany (David F. Kunz of counsel) and Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, Georgia (Nicholas P. Panayotopoulos of counsel), for respondents.

Egan Jr., J.P., Clark, Pritzker and Reynolds Fitzgerald, JJ., concur.

In February 2017, plaintiff and LNAA Construction, LLC entered into a contract for the construction and sale of a new home located in the City of Saratoga Springs, Saratoga County (hereinafter the property). The contract incorporated a limited warranty purchased by LNAA that disclaimed any...

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