Legal Opinion

Petraccione v. Simmons

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 1984PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court in favor of defendant, entered November 16, 1983 in Schenectady County, upon a decision of the court at Trial Term (Dier, J.), without a jury.

The facts submitted on stipulation by the parties disclose that on July 3, 1979, defendant, by warranty deeds, conveyed to plaintiffs two unimproved parcels of real property located in the Town of Clifton Park, Saratoga County. The realtor’s listing contained, inter alia, a figure for the amount of the taxes, and also the phrase “community water available”. Under the contract of sale, plaintiffs were required…

2Cases cited4 opinions

  1. Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
  2. Tahini Investments, Ltd. v. BobrowskyAppellate Division of the Supreme Court of the State of New York · 1984
  3. Cudemo v. Al & Lou Construction Co.Appellate Division of the Supreme Court of the State of New York · 1976
  4. Real Estate Corporation v. . HarperNew York Court of Appeals · 1903

3Cited by3 opinions

  1. Country World, Inc. v. Imperial Frozen Foods Co.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Helmsley-Spear, Inc. v. Westdeutsche Landesbank GirozentraleDistrict Court, S.D. New York · 1988
  3. Barcomb v. AlfordAppellate Division of the Supreme Court of the State of New York · 1986

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