DIMATOS v. MICHEL


160 A.D.2d 1083 (1990)

Nicholas Dimatos et al., Respondents, v. Gerald C. Michel, Appellant

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

April 5, 1990


Harvey, J.

In this breach of contract action, plaintiffs allege that they bought defendant's home in reliance upon defendant's fraudulent misrepresentation that the well water servicing the property was excellent and of good quality. A sample of the water taken by plaintiffs for purposes of a bacteriological test prior to the closing indicated that the water was sufficiently free of bacteria. However, plaintiffs allege that after occupying the house,...

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