AKEROYD v. SOHO 311 DEV., INC.

14033, 103925/10.

124 A.D.3d 532 (2015)

SHANE AKEROYD, Respondent, v. SOHO 311 DEVELOPMENT, INC., Appellant.

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

Decided January 26, 2015.


Given that plaintiff entered into an additional agreement with defendant whereby defendant performed further renovation work for plaintiff on the units at issue, plaintiff waived his right to rescind the purchase agreement based on a previously disclosed error in the description of the condominium's real property (see New York Tel. Co. v Jamestown Tel. Corp., 282 N.Y. 365, 372 [1940]). This is particularly so where the new agreement

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