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HUNTER'S RUN STABLES, INC. v. TRIPLE H CONSTR. CO.

September 12, 1996

HUNTER'S RUN STABLES, INC., Plaintiff,
v.
TRIPLE H CONSTRUCTION CO., INC. and RIGIDPLY RAFTERS, INC., Defendants.



The opinion of the court was delivered by: LARIMER

 BACKGROUND

 Plaintiff, Hunter's Run Stables, Inc. ("Hunter's Run"), initially filed the instant complaint in state court against defendants Triple H Construction Co., Inc. ("Triple H") and Rigidply Rafters, Inc. ("Rigidply"). The action was removed to this court on November 10, 1994 on the basis of diversity jurisdiction. Hunter's Run alleges causes of action for breach of an express warranty against both defendants. Currently before the Court are the parties' cross-motions for summary judgment. The motions are denied.

 FACTS

 Between November 1982 and March 1983, Triple H contracted with Hunter's Run to erect a horse barn and riding arena on property located in Big Flats, N.Y. During negotiations, Triple H offered its standard contract to Hunter's Run. Hunter's Run, not satisfied with the language of the contract, added a warranty clause. The clause that finally was agreed upon by the parties provided:

 
Contractor guarantees to owner that such design with the span so shown will support its weight and will withstand natural forces including but not limited to snow load and wind.

 The clause as originally proposed by Hunter's Run provided that the barn design would withstand natural forces "forever." Triple H objected to the word "forever" and it was deleted from the executed contract. However, no temporal language was inserted in its place.

 In addition to adding the above language to the construction contract with Triple H, Hunter's Run also obtained a guarantee, using similar language, from Rigidply, the manufacturer of the rafters used for construction of the barn. That clause provided:

 
Rigidply ... hereby guarantees to Hunter's Run Stables ... that the design to be used for the construction of a horse barn by Triple H ... will support the weight of such barn and to snow load and wind as per drawings.

 The barn was completed sometime in 1983. On March 18, 1994, the roof collapsed under the pressure of snow.

 DISCUSSION

 [A] Standards for Summary Judgment

 A motion for summary judgment may be granted only when there is no genuine issue of material fact remaining for trial and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). All ambiguities and inferences must be resolved in favor of the nonmoving party and all doubts as to the existence of a genuine material issue for trial should be resolved against the moving party. Celotex Corp. v. Catrett, 477 U.S. 317, 330, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986); Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-159, 26 L. Ed. 2d 142, 90 S. Ct. 1598 (1970).

 If, when "viewing the evidence produced in the light most favorable to the non-movant...a rational trier could not find for the non-movant, then there is no genuine issue of material fact and entry of summary judgment is appropriate." Bay v. Times Mirror Magazines, Inc., 936 F.2d 112, 116 (2d Cir. ...


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