LONG v. FITZGERALD


240 A.D.2d 971 (1997)

659 N.Y.S.2d 544

Mary R. A. V. Long et al., Appellants, v. Edward N. Fitzgerald, Jr., Respondent, et al., Defendants

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

June 26, 1997


Cardona, P. J.

In August 1991, plaintiffs entered into a contract with defendant Edward N. Fitzgerald, Jr. (hereinafter defendant) to purchase property located at 77 Phillipsport Road, within the Town of Mamakating, Sullivan County. The contract of sale contained merger and "as is" clauses which provided, inter alia, that plaintiffs inspected the buildings on the premises, were acquainted with their physical condition and agreed to accept them...

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