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NATHANSON v. TRI-STATE CONSTRUCTION LLC

60 A.D.3d 547 (2009)

876 N.Y.S.2d 17

ASA NATHANSON et al., Appellants, v. TRI-STATE CONSTRUCTION LLC et al., Respondents.

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

Decided March 24, 2009.

The court properly granted defendants' motion to the extent of dismissing the fraud causes of action asserted in the amended complaint. Section 4.01 of the contract provided that "unless otherwise provided, Seller is the sole owner of the premises." As found by the court, the Seller did "otherwise provide"—by handwritten amendment to the form contract which stated that "if at closing Seller does not have or cannot convey...

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