[Download] "Joseph Arena v. George Hegyhaty Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Joseph Arena v. George Hegyhaty Et Al.
- Author : Supreme Court of New York
- Release Date : January 01, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In our opinion, the affidavit submitted by defendants on their renewal motion with respect to plaintiff's motion for summary
judgment, indicated the existence of a triable issue of fact as to whether defendants had been induced to enter into the
contract for the purchase of the property by reason of plaintiff's false representation that the premises were a legal three-family
dwelling. Fraud, if found to exist, would vitiate the contract despite provisions therein that defendants had inspected the
property and were satisfied with its condition and that in executing the agreement they were not relying upon any representations
by the seller (cf. Sabo v. Delman, 3 N.Y.2d 155, 161-162; Benitez v. Martinez, 1 A.D.2d 959; Rizzi v. Sussman, 9 A.D.2d 961).
Moreover, it appears that plaintiff served no reply to defendants' counterclaim for rescission; and his motion for summary
judgment could properly be denied on that ground alone(United States Trust Co. v. Hardwood Operating Corp., 271 App. Div.
233; Josef Weindl, Inc. v. Braverman, 13 Misc. 2d 435, mot. for lv. to app. den. 6 A.D.2d 1014).
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