PERIN v. MARDINE REALTY CO., INC.


5 A.D.2d 685 (1957)

Robert E. Perin, Respondent, v. Mardine Realty Co., Inc., et al., Appellants

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

December 9, 1957


Order reversed, with $10 costs and disbursements, and motion granted.

Notwithstanding its lengthiness and abundance of conclusions, the complaint sets forth in substance that the seller failed to volunteer the facts as to the location of the connection running to the public sewer. The seller was under no duty to speak. The parties dealt at arm's length, and the mere silence of the seller, without some act or conduct which deceived the purchaser, does not amount to...

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