Weiss v. Polymer Plastics Corp

In Weiss v. Polymer Plastics Corp., 21 AD3d 1095 (2d Dept 2005), a case involving an EIFS system, the court held that: The essence of the plaintiffs' claims are that the EIFS did not perform properly to protect their home and, as a consequence, they have suffered direct loss to the stucco siding itself and consequential damages to the plywood substrate attached to their home in terms of water infiltration through the EIFS. Their tort claims were therefore properly characterized as being for 'economic loss' due to product failure, and were dismissed by the Supreme Court accordingly. (Id. at 1096.)