F.A.S.A. CONSTRUCTION CORPORATION v. DEGENSHEIN


47 A.D.3d 877 (2008)

850 N.Y.S.2d 612

F.A.S.A. CONSTRUCTION CORPORATION, Respondent, v. JAN DEGENSHEIN et al., Appellants.

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

Decided January 29, 2008.


Ordered that the order, as amended, is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

In 1998 the plaintiff purchased a parcel of property from the defendant Gilbert Estates, LLC, for the sum of $630,000. A rider to the contract of sale provided that "[s]eller represents that the subdivision maps have been filed in the Orange County Clerk's Office and that said subdivision map contains no less...

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