Bishop v. Graziano

OPINION OF THE COURT

C. Stephen Hackeling, J.

*343The plaintiff buyer brings this action sounding in breach of contract and fraud seeking to recover for patent damage to the floors and walls which were discovered upon taking occupancy of a house she purchased. The defendant sellers assert Real Property Law § 465 (1) and/or the common law as an affirmative defense which bars all claims for property damage after the tender of a deed in an “as is” sale of real property.

Factual Background

It is undisputed that on July 2, 2004 the parties executed a New York State Bar Association (NYSBA) approved…