Schooley v. Mannion
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order and judgment of the Supreme Court (Williams, J.), entered April 4, 1996 in Saratoga County, which, inter alia, granted defendants’ motion to dismiss the complaint for failure to state a cause of action, with prejudice.
In August 1992 plaintiffs, as purchasers, and defendant Circular Street Associates, the seller, executed a “contract for purchase and sale of real estate” for property located at 156 Circular Street, a nine-unit apartment building located in the City of Saratoga Springs, Saratoga County. The contract contained a “conditions of premises” clause wherein the…
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