CENTRAL ISLIP, N.Y. (Legal Newsline) – A New York homeowner alleges that defective tubing in his home burst and caused water damages to the property.
Cesare Puleo filed a complaint on behalf of himself and all individuals similarly situated on Oct. 4 in the U.S. District Court for the Eastern District of New York against Nibco Inc. alleging fraudulent concealment, breach of express warranty and other counts.
According to the complaint, the plaintiff alleges that on Jan. 4, cross-linked polyethylene (PEX) tubing burst in his basement ceiling, which resulted in water accumulation and damage to his home of more than $30,000. He alleges the defendant claimed the PEX tubes were chlorine and corrosion resistant but that independent testing showed the pipes suffered from an oxidative attack from chlorinated water.
The plaintiff holds Nibco Inc. responsible because the defendant allegedly warranted its PEX products would be free from defects and that the products were fit for ordinary use.
The plaintiff requests a trial by jury and seeks actual, general, special, incidental, statutory, treble or other multiple, punitive and consequential damages under statutory and common law. Furthermore, the plaintiff seeks for an imposition of a constructive trust upon all monies and assets NIBCO Inc. has acquired as a result of their allegedly unjust practices, pre- and post-judgment interest, attorneys’ fees and cost. He is represented by Jason P. Sultzer of The Sultzer Law Group P.C. in Poughkeepsie, New York and Jeffrey Brown of Leeds Brown Law P.C. in Carle Place, New York.
U.S. District Court for the Eastern District of New York case number 2:18-cv-05555-JFB-ARL