Haberman v. Greenspan

In these two real property actions tried jointly by the court, plaintiffs, Donald P. Ericksen and his wife, Rita Ericksen, and plaintiffs, Philip Haberman and his wife, Lenora Haberman, originally sought rescission in connection with their purchase of a duplex, 34-36 Fieldway Avenue, Staten Island, New York. Subsequently they withdrew their claims for rescission but continued their suits for damages.

The thrust of the plaintiffs’ claims is that the corporate defendant and the individual defendants breached the contracts of sale by constructing the foundation of the duplex on piles that were…