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UNION AVE ESTATES, LLC v. GARSAN REALTY INC.

8693, 25848/15E.

170 A.D.3d 498 (2019)

93 N.Y.S.3d 857

2019 NY Slip Op 01827

Union Ave Estates, LLC, Respondent, v. Garsan Realty Inc. et al., Appellants.

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

Decided March 14, 2019.

The disclaimer provisions in the contract of sale and the rider are not sufficiently specific to preclude the claim that defendants fraudulently induced plaintiff to purchase the property by misrepresenting the status of the commercial tenants' leases (see Basis Yield Alpha Fund [Master] v Goldman Sachs Group, Inc., 115 A.D.3d 128, 137 [1st Dept 2014]). None of the provisions relied upon by defendants specifically disclaim any warranties...

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