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HOLM v. BAYIS REALTY CORP.

16 A.D.3d 139 (2005)

791 N.Y.S.2d 23

IRA HOLM, Appellant, v. BAYIS REALTY CORP. et al., Respondents.

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

March 3, 2005.

Plaintiff terminated a real estate agreement, involving his purchase of a residential multiple dwelling, on the ground that building records indicated an open "rent impairing" violation dating back to 1990, namely, a defective fire escape. The agreement permitted the purchaser to terminate the contract for such a violation. Defendant seller, acknowledging that the records of the Department of Housing Preservation and Development (HPD) showed an "open" rent-impairing "C" violation...

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