A&R KALIMIAN, LLC v. BREGER, GORIN & LEUZZI, LLC


307 A.D.2d 813 (2003)

763 N.Y.S.2d 52

A&R KALIMIAN, LLC, Appellant, v. BREGER, GORIN & LEUZZI, LLC, et al., Respondents.

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

Decided August 7, 2003.


The motion court correctly ruled that defendants' alleged failure to perform due diligence by not informing plaintiff about a pre-existing, long-term commercial lease in the building is immaterial because a partner in plaintiff knew about the lease prior to signing the contract, and any ultimate reliance that plaintiff may have placed on any misrepresentations by the seller at the closing cannot be attributed to defendants. The complaint was also properly dismissed insofar...

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