14 BRUCKNER LLC v. 14 BRUCKNER BLVD. REALTY CORP.

3553, 3554, 302591/09.

78 A.D.3d 431 (2010)

909 N.Y.S.2d 630

14 BRUCKNER LLC, Appellant, v. 14 BRUCKNER BLVD. REALTY CORP., Respondent.

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

Decided November 9, 2010.


Plaintiff's causes of action for breach of contract, fraud and negligent misrepresentation in the negotiating and signing of the lease agreement are wholly barred by the plain language of the lease providing that plaintiff accepted the premises as is and agreed to perform, at its own expense, any and all repairs to the premises and that defendant made no representation as to the condition of the premises.

Even if plaintiff's fraud and negligent misrepresentation causes...

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