GIBSON v. ESTATE OF ANTIARIS

8091. 304843/09.

168 A.D.3d 461 (2019)

91 N.Y.S.3d 399

2019 NY Slip Op 00192

Courtney Gibson, Respondent-Appellant, v. Estate of Teddy Antiaris et al., Appellants-Respondents.

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

Decided January 10, 2019.


The first and second causes of action allege that plaintiff was damaged by defendants' false representation in the lease that the leased premises were suitable for and could be used as a health food deli and by defendants' failure to provide an adequate certificate of occupancy. These causes of action must be dismissed, because there are no such affirmative representations in the lease, which in fact provides that "Landlord makes no representations as to the suitability of...

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