Long v. Fitzgerald
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P. J.
Appeal from an order of the Supreme Court (Torraca, J.), entered February 16, 1996 in Sullivan County, which, inter alia, granted the motion of defendant Edward N. Fitzgerald, Jr. for summary judgment dismissing the complaint against him.
In August 1991, plaintiffs entered into a contract with defendant Edward N. Fitzgerald, Jr. (hereinafter defendant) to purchase property located at 77 Phillipsport Road, within the Town of Mamakating, Sullivan County. The contract of sale contained merger and "as is” clauses which provided, inter alia, that plaintiffs inspected the buildings on the premises,…
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