New York Supreme Court December 15, 1989 (Militello v. Frank & Leo Piotrowski Builders, Inc.)

OPINION OF THE COURT

Irving Fudeman, J.

In September of 1977, the plaintiffs, Linda and Frank Militello (Militellos), took possession of a newly constructed home which they had purchased from the defendant, Frank & *1057Leo Piotrowski Builders, Inc. (Piotrowski). The furnace, ventilation pipes and chimney had been installed by the defendant, Warren Belknap Heating & Cooling Co., Inc. (Belknap).