Paradiso v. Colonial Townhouses, Inc.

OPINION OF THE COURT

David Goldstein, J.

These actions were submitted at Small Claims Part for disposition upon an agreed statement of facts pursuant to CPLR 3222. Consistent with the informality of the procedure in small claims, while the record does not include a written statement of facts, it is conceded that the facts are as recited in the motion to consolidate, the parties orally agreeing to submit the matter for determination on the merits as to the novel legal issue raised herein.

The issue in the actions is one of apparent first impression in connection with the purchase of condominium…