ALBANY, N.Y. (Legal Newsline) – Four property owners allege vinyl siding used on their homes is defective and degrades when exposed to normal environmental and building construction conditions.
Clement Gazzillo, Steven Wu, James Rensland and Barbara Morris, on behalf of themselves and all others similarly situated, filed a complaint on Sept. 26 in the U.S. District Court for the Northern District of New York against Ply Gem Industries Inc. and Ply Gem Holdings Inc., both doing business as Ply Gem, alleging breach of express warranty and other counts.
According to the complaint, the plaintiffs allege that the defendant's vinyl siding installed on their homes has "lost its structural integrity and degraded, warped, melted, blistered and/or deformed."
The plaintiffs holds Ply Gem responsible because the defendant allegedly failed to adequately disclose to builders, homeowners and the public that the siding degrades under normal exposure conditions and failed to conform to the public’s reasonable expectation of the product’s beauty, durability and longevity.
The plaintiffs request a trial by jury and seek judgment for compensatory, statutory and punitive damages; disgorgement of profits; restitution; pre- and post-judgment interest; attorneys' fees; disbursements; costs and such other and further relief as the court deems just and proper. They are represented by Donald W. Boyajian and James R. Peluso of Dreyer Boyajian LLP in Albany, New York.
U.S. District Court for the Northern District of California Case number 1:17-cv-01077-MAD-CFH