Couch v. Schmidt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWeiss, J.
Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Weiner, J.), entered March 18, 1992 in Rockland County, which, inter alia, denied defendant Virginia M. Schmidt’s motion for summary judgment dismissing the complaint against her.
On September 25, 1989, defendant Virginia M. Schmidt (hereinafter defendant) contracted to sell her home in the Town of Orangetown, Rockland County to plaintiffs. The contract, which included a general merger clause of all precontract representations, stated that the premises were sold "as is”…
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