85-87 PITT STREET, LLC v. 85-87 PITT STREET REALTY CORPORATION

4723, 601341/09.

83 A.D.3d 446 (2011)

921 N.Y.S.2d 40

85-87 PITT STREET, LLC, Appellant, v. 85-87 PITT STREET REALTY CORPORATION et al., Respondents.

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

Decided April 7, 2011.


The contract contained a merger clause setting forth that plaintiff accepted the building "as is" after having had an opportunity to inspect the premises. The provision specifically disclaimed reliance on any representations as to the physical condition of the building. Thus, the merger clause extinguished any claims arising from defendants' alleged misrepresentations that the building did not have a bedbug problem (see Danann Realty Corp. v Harris,

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