85-87 Pitt Street, LLC v. 85-87 Pitt Street Realty Corp.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered April 6, 2010, which, insofar as appealed from as limited by the briefs, in this dispute involving the sale of an apartment building, granted defendants’ motion to dismiss the causes of action alleging fraudulent inducement, fraudulent misrepresentation and fraudulent concealment, unanimously affirmed, with costs.

The contract contained a merger clause setting forth that plaintiff accepted the building “as is” after having had an opportunity to inspect the premises. The provision specifically disclaimed reliance on any…