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DYKE v. PECK

279 A.D.2d 841 (2001)

719 N.Y.S.2d 391

BARRY K. DYKE, Appellant, v. ROGER A. PECK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 18, 2001.

Lahtinen, J.

On July 3, 1995, after inspecting a house and parcel of real property with defendant Richard W. Peet, an agent of defendant Coldwell Banker Lobdell Real Estate, plaintiff signed a contract to purchase the real estate. Plaintiff claimed that during his July 3, 1995 inspection he was told by defendant Roger A. Peck,1 the owner who was at the house at the time, that the floor area under the shag rug in the living room/dining...

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