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470 4TH AVE. FEE OWNER, LLC v. ADAM AM. LLC

Index No. 656506/18. Appeal No. 15952. Case No. 2020-04708.

205 A.D.3d 512 (2022)

169 N.Y.S.3d 250

2022 NY Slip Op 03204

470 4th Avenue Fee Owner, LLC, Respondent, v. Adam America LLC et al., Appellants. (And a Third-Party Action.)

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

Decided May 17, 2022.

Attorney(s) appearing for the Case

Gartner + Bloom, P.C., New York (Susan P. Mahon of counsel), for Adam America LLC and 470 4th Avenue Investors LLC, appellants.

Cerussi & Spring, P.C., White Plains (A. Joseph Giannini of counsel), for Danya Cebus Construction LLC, appellant.

Sher Tremonte LLP, New York (Erica A. Wolff of counsel), for respondent.

Concur—Mazzarelli, J.P., Oing, Moulton, González, Kennedy, JJ.

Plaintiff's negligence and negligent misrepresentation claims against the seller are barred by the Purchase and Sale Agreement (PSA). In section 6.02 of the PSA, plaintiff agreed that it had not relied on any representations as to the condition of the building, and agreed to purchase the building "as is." Although Supreme Court correctly found that under the special facts doctrine, section 6.02 does not serve to bar the causes of action based on fraud, the provision does...

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