The action is barred by the lease provision in which plaintiff agreed to take possession of the premises "in its `as is' condition and to make all of the required repairs to the demised premises including repairing the roof." Giving plaintiff's evidence every favorable inference, no issues of fact are raised as to whether defendants waived or should be estopped from asserting this "as is" clause (see Nassau Trust Co. v Montrose Concrete Prods. Corp.,
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DD & TJ, INC. v. ESTATE OF SOL GOLDMAN
33 A.D.3d 497 (2006)
823 N.Y.S.2d 59
DD & TJ, INC., Appellant, v. ESTATE OF SOL GOLDMAN, Deceased, et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided October 24, 2006.
Decided October 24, 2006.
Appellate Division of the Supreme Court of the State of New York, First Department.
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