GOULD v. SYRACUSA


254 A.D.2d 800 (1998)

677 N.Y.S.2d 854

Paul M. Gould, Respondent, v. Anthony C. Syracusa et al., Appellants

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

October 2, 1998


Order unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action seeking to recover damages for defendants' alleged breach of contract and fraud in connection with plaintiff's purchase of a single-family residence from defendants. Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint. Defendants failed to meet their initial burden of establishing as a matter of law that they did not breach the warranties...

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