In Lantzy v. Advantage Builders, Inc. , Eric Lantzy contracted with Advantage Builders to purchase a piece of property and construct a home in Kinderhook, New York.
Shortly after taking ownership of his home, Lantzy's basement flooded.
Dissatisfed with Advantage's response to his warranty claim, Lantzy filed suit in Colombia County Supreme Court. When that case was dismissed, Lantzy appealed to the Appellate Division, Third Department.
The AD3 was of the view the flooding damage didn't comprise "major structural defects," which was defined as "material defects resulting in 'actual physical damage' to load-bearing portions of the home and that render the home unsafe, unsanitary or otherwise unlivable."
Without that physical damage, and since Lantzy continued to occupy the home, the AD3 thought dismissal was appropriate.
No taking Advantage there!
For a copy of the Appellate Division's decision, please use this link: Lantzy v. Advantage Builders, Inc.