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HARMIT REALTIES LLC v. 835 AVENUE OF THE AMERICAS, L.P.

16678 651931/13

135 A.D.3d 564 (2016)

23 N.Y.S.3d 230

2016 NY Slip Op 00287

HARMIT REALTIES LLC, Respondent, v. 835 AVENUE OF THE AMERICAS, L.P., et al., Appellants, et al., Defendants. 835 AVENUE OF THE AMERICAS, L.P., et al., Counterclaim Plaintiffs-Appellants, v. HARMIT REALTIES LLC et al., Counterclaim Defendants-Respondents.

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

Decided January 19, 2016.

The motion court correctly determined that the counterclaims for fraud, negligent misrepresentation, and reformation are precluded by the subject agreements' express disclaimers stating that Harmit made no representations concerning the amount of its utilized development rights and excess development rights, where defendants had the means to discover the correct amounts before they entered into the agreements (see Danann Realty...

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