Higgins Bros. Realty Corp. v. Ortho-Medical Products, Inc.

—Order, Supreme Court, Nassau County (Francis X. Becker, J.), entered on or about December 5, 1991, which granted the third-party defendant’s motion for summary judgment, dismissed the third-party complaint and dismissed plaintiff’s complaint, unanimously affirmed, with costs.

Plaintiff, the purchaser of condominium Unit 16 of the building located at 230 Hilton Avenue in Hempstead, New York, seeks recision and damages based upon alleged misrepresentations regarding the number of square feet comprising the interior space of the unit. Given the motion court’s authority, on a motion for summary…