Fumarelli v. Marsam Development, Inc

In Fumarelli v. Marsam Development, Inc. (92 N.Y.2d 298 [1998]), more than a year after transfer of title, the plaintiff home buyer discovered defects in the sprinkler system master pump, as well as in a bathroom drain, handrail, and plumbing fixture. The plaintiff failed to comply with the condition precedent to suit under the limited warranty given by the builder under General Business Law 777-a (Furmarelli, 238 A.D.2d 470).