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ZAUG v. DWYER/BERRY CONSTR. CORP.

152 A.D.2d 565 (1989)

Kenneth Zaug et al., Respondents, v. Dwyer/Berry Construction Corp. et al., Appellants. (And a Third-Party Action.)

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

July 3, 1989

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiffs purchased a lot from the defendant Dwyer/Berry Construction Corporation (hereinafter Dwyer/Berry) in November 1985. A warranty provision in the contract of sale provided as follows: "Seller warrants and represents that the parcel to be conveyed herein is a parcel conveyed from a map which has been approved by the Dutchess County Board of...

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