DUANE THOMAS LLC v. 62 THOMAS PARTNERS, LLC


300 A.D.2d 52 (2002)

751 N.Y.S.2d 441

DUANE THOMAS LLC, Appellant, v. 62 THOMAS PARTNERS, LLC, et al., Respondents.

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

Decided December 5, 2002.


The first cause of action purporting to allege fraud was properly dismissed since plaintiff has no claim of justifiable reliance upon the alleged misrepresentations in the Suskin affidavit. Plaintiff had the right to inspect the subject premises before the closing, and, as the parties' contract indicates, did so. The items mentioned in the Environmental Control Board's notice of violation, namely, skylights and fire doors in public hallways, were not peculiarly within defendants...

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