MOONEY v. BUCK


245 A.D.2d 999 (1997)

667 N.Y.S.2d 125

James W. Mooney et al., Appellants, v. Charles H. Buck, Sr., Respondent

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

December 31, 1997


Mercure, J.

In May 1994, plaintiffs contracted to purchase defendant's real property in the Town of Pittstown, Rensselaer County, for $25,000. By its terms, the contract was contingent upon successful testing of the existing well and septic system on the property. Plaintiffs did not have any tests conducted, however, and the parties closed on the transaction on September 29, 1994. Plaintiffs subsequently discovered that the well and septic system were...

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