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GUMENICK v. ARVIDSON

7168, 651427/10.

93 A.D.3d 558 (2012)

940 N.Y.S.2d 607

2012 NY Slip Op 2164

ROBERT GUMENICK et al., Appellants, v. CHRISTOPHER ARVIDSON, Respondent, et al., Defendants.

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

Decided March 22, 2012.

Plaintiffs' claims under the "Punch List" attached to the contract do not survive the closing on the property because the contract provided that none of its provisions survived the closing unless otherwise stated, and the contract did not exempt the Punch List from the no-survival provision (see Rothstein v Equity Ventures, 299 A.D.2d 472, 475 [2002]).

However, the complaint states valid claims pursuant to General Business...

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