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SCHWARTZ v. ROSS

233 A.D.2d 229 (1996)

650 N.Y.S.2d 534

Eric B. Schwartz et al., Appellants, v. John J. Ross et al., Respondents

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

November 21, 1996

The motion court properly granted defendants summary judgment since the specific disclaimer and merger clauses in the contract barred plaintiffs' fraudulent inducement claim, which was based on defendant John Ross' purported December 8, 1992 representation to plaintiff Eric Schwartz that the property was in "excellent condition" (see, Mahn Real Estate Corp. v Shapolsky, 178 A.D.2d 383

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