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COPLAND v. NATHANIEL

164 Misc.2d 507 (1995)

624 N.Y.S.2d 514

Marc Copland et al., Plaintiffs, v. Roger Nathaniel et al., Defendants.

Supreme Court, Westchester County.

February 1, 1995

Attorney(s) appearing for the Case

Shamberg, Marwell, Cherneff, Hocherman, Davis & Hollis, P. C., Mount Kisco (Robert F. Davis of counsel), for defendants. Hodgson, Ross, Andrews, Woods & Goodyear, Albany (Richard L. Weisz of counsel), for plaintiffs.

JOAN B. LEFKOWITZ, J.

This case raises very interesting questions concerning application of caveat emptor to the sale of real property that had previously been subjected to chlordane application.

FACTUAL BACKGROUND

In June 1973 the subject real property, on which is located a one-family residence, was treated for termites, presumably by application of chlordane. A 10-year guaranty to the homeowner...

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