Smith v. Fitzsimmons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Callahan, J. P.
Plaintiff Marc L. Smith entered into a written contract for the purchase and sale of a house with defendants John J. Fitzsimmons, Sr., and Rita A. Fitzsimmons. The contract provided that "[t]he buildings and the premises herein have been inspected by the purchaser and are hereby sold 'as is’ without warranty as to condition, express or implied”. It contained the standard merger provision that all the terms, conditions, warranties, representations or statements were included therein. Prior to closing, plaintiffs inspected the house at which time they observed…
2Cases cited17 opinions
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Sabo v. DelmanNew York Court of Appeals · 1957
- Sharapata v. Town of IslipNew York Court of Appeals · 1982
- Home Insurance v. American Home Products Corp.New York Court of Appeals · 1990
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- MBIA Ins. Corp. v. Royal Bank of CanadaDistrict Court, S.D. New York · 2009
- Spagnola v. Chubb Corp.District Court, S.D. New York · 2010
- In re Libor-Based Financial Instruments Antitrust LitigationDistrict Court, S.D. New York · 2014
- Yucyco, Ltd. v. Republic of SloveniaDistrict Court, S.D. New York · 1997
- Doe v. RoeAppellate Division of the Supreme Court of the State of New York · 1993
18 more not listed; retrieve them via the Exa API.