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SCHMUTTER v. ABARGEL

282 A.D.2d 517 (2001)

723 N.Y.S.2d 95

NATHAN SCHMUTTER, Appellant, v. BARUCH ABARGEL et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 9, 2001.

Ordered that the order is affirmed, with costs.

On September 8, 1999, the plaintiff entered into a contract to sell a vacant commercial building in Brooklyn to the defendants. In the contract of sale, the plaintiff expressly represented that "there is a valid and existing certificate of occupancy for premises as a supermarket and offices." Although the plaintiff produced a 1963 certificate of occupancy allowing the premises...

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