This article offers what we believe to be a more viable remedy than those which presently exist in New York state for purchasers of residential units in newly built or rehabilitated developments where construction is rife with material defects.
To be sure, New York state offers these purchasers a wide array of legal remedies, including breach of contract, common law fraud, breach of express warranty, breach of statutorily implied warranty (General Business Law §777-a) and negligence. However, these avenues of redress often lack practical viability because by the time money judgments are obtained, the offending builders and design professionals are insolvent, and therefore judgment proof.
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