BARNES v. GOULD


83 A.D.2d 900 (1981)

David Barnes et al., Respondents, v. Bernard Gould et al., Appellants

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

August 31, 1981


Order reversed, on the law, with $50 costs and disbursements, defendants' motion for summary judgment is granted, and the complaint is dismissed.

The disclaimer and merger clauses in the contract of sale between the parties, which state in pertinent part that the plaintiff purchasers disclaimed reliance on any representation by the defendant sellers as to the "physical condition" of the premises, are sufficiently specific to bar plaintiffs' action based on alleged...

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