Rieter v. Tavella

Appeal from an order of the Supreme Court (Mugglin, J.), entered December 5, 1988 in Delaware County, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action.

Plaintiff commenced this action seeking specific performance of a document involving the purchase and sale of certain real estate owned by defendant. Plaintiff signed a purchase offer agreement provided by defendant’s broker on March 7, 1988. Defendant signed the agreement on March 19, 1988. After execution of this agreement, an inspection of the property by an engineer uncovered certain…