SCHARDT v. POSSON


41 A.D.3d 1135 (2007)

838 N.Y.S.2d 725

PAUL SCHARDT et al., Respondents, v. DOUGLAS POSSON, Doing Business as POSSON PUMP SERVICE, Appellant.

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

Decided June 28, 2007.


Rose, J.

Plaintiffs contracted to purchase residential real property and hired defendant as an expert to test the flow capacity of an existing well on the premises. Alleging that defendant misreported the quantity of water that could be produced by the well, plaintiffs commenced this action and presented evidence at a nonjury trial that they had relied on defendant's report of an adequate water supply to their detriment because the well was, in fact, incapable of...

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