Theresa Villani Wins Summary Judgment In Bronx County
On February 10, 2017, Theresa Villani won summary judgment dismissing the third-party complaint in Edwards v. Beechwood Allerton Building Corp., Index No. 305682/2010 (Supreme Court, Bronx County). The plaintiff brought a breach of contract action and breach of warranty against the defendants. The plaintiffs claimed that over 10 years after the closing for the sale of the property, the plaintiffs became aware of plumbing problems at the property, discovered construction material buried under the house and also discovered that the house’s concrete slab was installed to building code requirements. The defendants asserted claims for contribution, common law and contractual indemnification and breach of contract for failure to procure insurance. Ms. Villani argued that the plaintiff’s claims were barred by the statute of limitations and all claims against the third-party defendant should be dismissed. The Court agreed, and issued an order dismissing the plaintiff’s complaint and all claims against our client.