West v. Szwalla
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—White, J.
Appeal from an order of the Supreme Court (Coutant, J.), entered October 26, 1995 in Broome County, which, inter alia, granted plaintiffs’ motion for summary judgment.
For approximately one year prior to July 1, 1994, defendant John S. Szwalla, Jr. (hereinafter defendant) rented premises owned by plaintiffs in the City of Binghamton, Broome County. During that time, he discovered that the roof leaked to the extent the premises sustained water damage. Defendant, nevertheless, purchased the premises on the aforementioned date, executing a bond and mortgage to plaintiffs in the amount…
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