Legal Opinion

Kogan v. Fenster

Appellate Terms of the Supreme Court of New York

Decided April 18, 2002PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs and action dismissed.

*526Defendant performed a prepurchase home inspection for plaintiff in August 1999, and found no evidence of present or past water infiltration in the basement or deterioration to any observable structure or fixture that might result in such damage. Six months after the inspection, plaintiff observed rust deposits associated with a basement water pipe and sued defendant for breach of contract.

Our review is limited to determining whether substantial justice was done “according to the rules and…

2Cases cited11 opinions

  1. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  2. Williams v. RoperAppellate Division of the Supreme Court of the State of New York · 2000
  3. Ross v. FriedmanAppellate Division of the Supreme Court of the State of New York · 2000
  4. Furs v. Jewelers Protection Services, Ltd.New York Court of Appeals · 1992
  5. Blair v. Five Points Shopping Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 1976

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3Cited by1 opinion

  1. Finch v. Inspectech, LLCWest Virginia Supreme Court · 2012

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