Appellate Division of the Supreme Court of the State of New York September 30, 2011 (Gilpin v. Oswego Builders, Inc.)

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of defendants’ motion for partial summary judgment dismissing the breach of warranty claim with respect to mold, denying partial summary judgment to defendants dismissing the second cause of action, reinstating that claim with respect to mold as well as the second cause of action, and