Galgani v. Fleming

In an action, inter alia, to rescind a contract for the sale of real property, plaintiffs appeal from an order of the Supreme Court, Westchester County, dated April 26, 1976, which granted defendants’ motion for summary judgment and dismissed the complaint. Order reversed, with $50 costs and disbursements, and motion for summary judgment denied. Plaintiffs seek rescission of a contract to purchase real property on the ground of fraudulent representations by the defendants, prior to the signing of the contract, to the effect that the premises were free from "water problems” when in fact they…