Bernstein v. Clermont Co.

Order of the Supreme Court, New York County (Shirley Fingerhood, J.), dated February 3, 1989, which, upon reargument, adhered to the decision of April 20, 1988 dismissing the complaint, unanimously affirmed, with costs.

The purchasers of a condominium unit commenced this action alleging fraud against defendant as seller of the unit, based upon a representation in the purchase agreement stating that the unit plaintiffs desired to purchase was 1,370 square feet, when it was, in fact, approximately 1,132 square feet, excluding common areas. The actual square footage was disclosed to plaintiffs…