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KOGAN v. FENSTER

191 Misc.2d 525 (2002)

744 N.Y.S.2d 628

MICHELLE KOGAN, Respondent, v. PHILIP FENSTER, Appellant.

Supreme Court, Appellate Term, Second Department.

April 18, 2002.

Attorney(s) appearing for the Case

Philip Fenster, appellant pro se.

No appearance for respondent.

PESCE, P.J., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously reversed without costs and action dismissed.

Defendant performed a prepurchase home inspection for plaintiff in August 1999, and found no evidence of present or past water infiltration in the basement or deterioration to any observable structure or fixture that might result in such damage. Six months after the inspection, plaintiff observed rust deposits...

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