Gould v. Syracusa

Order unanimously affirmed with costs. Memorandum: Plaintiff commenced this action seeking to recover damages for defendants’ alleged breach of contract and fraud in connection with plaintiffs purchase of a single-family residence from defendants. Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. Defendants failed to meet their initial burden of establishing as a matter of law that they did not breach the warranties in the contract of sale that the septic system was “in good working order” (see, Joseph v Creek & Pines, 217 AD2d 534, 535, lv…