In 1974 plaintiffs purchased a five-unit apartment building in the City of Albany upon an alleged representation by the sellers, the defendants herein, that it complied with existing zoning ordinances and regulations. Claiming they have since been advised by municipal officials that only two units are permitted within the structure, plaintiffs instituted the present action in 1977 seeking, inter alia, damages on a theory of fraud. Defendants moved to dismiss the complaint...
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