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LOHAN v. TEJA

22 A.D.3d 647 (2005)

801 N.Y.S.2d 917

MARILYN LOHAN et al., Respondents, v. CHRISTOPHER TEJA, Appellant.

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

October 17, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

As the Supreme Court correctly determined, the defendant seller failed to demonstrate his entitlement to dismissal of the plaintiffs' complaint, alleging that they were induced to purchase the subject premises as a result of the defendant's active concealment of a mold infestation (see Jablonski v. Rapalje, 14 A.D.3d 484 [2005]).

The defendant...

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