New York Court of Appeals

Thomas Caceci, Respondents v. Di Canio Construction Corp., Appellant, Defendants

June 30, 198872 N.Y.2d 52

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that an implied warranty of skillful construction applies to contracts for the sale of newly built homes, despite a merger clause and the doctrine of caveat emptor, and that the builder's knowledge of latent defects does not defeat the warranty claim.