CHAPMAN v. JACOBS

132 CA 20-00064.

197 A.D.3d 851 (2021)

153 N.Y.S.3d 245

2021 NY Slip Op 04794

David A. Chapman, Appellant, v. Adam J. Jacobs et al., Respondents.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

DIBBLE & MILLER, P.C., ROCHESTER ( G. MICHAEL MILLER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

Present—Peradotto, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for, inter alia, fraud arising from his purchase of a home from defendants, alleging that defendants represented that there was a certificate of occupancy for a pole barn situated on the property when, in fact, the Town of Farmington (Town) voided the certificate of occupancy when it discovered that the barn encroached...

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