Arnold v. Wilkins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from a judgment of the Supreme Court (Dawson, J.), entered March 3, 2008 in Essex County, upon a decision of the court in favor of defendants.
Plaintiffs purchased an existing home from defendants in 2001. Prior to closing, the parties entered into a contract of sale which provided that the conveyance would include a sewage disposal system “in good working order as of the date of closing.” A home inspection conducted prior to the closing revealed no problems with the sewage system; however, several months after the closing, the system experienced severe problems that caused wastewater…
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