Ricciardi v. Frank
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment unanimously modified by reducing the award to plaintiff to the sum of $375; as so modified, affirmed without costs.
*778Defendant performed a prepurchase home inspection for plaintiffs in January 1994 for the sum of $375. Plaintiffs moved into this 45-year-old house in May 1994 and soon thereafter discovered dampness and water in the basement after heavy rains.
In our opinion the judgment should be modified by reducing the award to $375, which is the cost of the inspection. Generally, contracts, as in the case at bar, which exculpate a party from the…
2Cases cited4 opinions
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Gross v. SweetNew York Court of Appeals · 1979
- Gentile v. Garden City Alarm Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Sommer v. Federal Signal Corp.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by5 opinions
- Daly v. KochanowiczAppellate Division of the Supreme Court of the State of New York · 2009
- Peluso v. Tauscher Cronacher Professional Engineers, P. C.Appellate Division of the Supreme Court of the State of New York · 2000
- Finch v. Inspectech, LLCWest Virginia Supreme Court · 2012
- Weidenbenner v. SternAppellate Division of the Supreme Court of the State of New York · 1999
- Kogan v. FensterAppellate Terms of the Supreme Court of New York · 2002