Home/Appellate Division of the Supreme Court of New York/Adamowicz v. Robbins

Adamowicz v. Robbins

261 A.D.2d 425, 689 N.Y.S.2d 530, 1999 N.Y. App. Div. LEXIS 4748
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 10, 1999
StatusPublished

This text of 261 A.D.2d 425 (Adamowicz v. Robbins) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adamowicz v. Robbins, 261 A.D.2d 425, 689 N.Y.S.2d 530, 1999 N.Y. App. Div. LEXIS 4748 (N.Y. Ct. App. 1999).

Opinion

—In an action, inter alia, to recover damages for fraud, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated June 8, 1998, as granted the motion of the defendant Annabelle Robbins to dismiss the complaint insofar as asserted against her pursuant to, inter alia, CPLR 3211 (a) (7).

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

The Supreme Court properly granted the motion to dismiss the complaint insofar as asserted against the defendant Annabelle Robbins. The plaintiff had prior notice of the existence of termite damage, and specific contract provisions prevented reliance on any alleged fraudulent misrepresentation made by [426]*426Robbins prior to the sale concerning either the existence or extent of termite infestation or damage (see, Long v Fitzgerald, 240 AD2d 971, 972; Bando v Achenbaum, 234 AD2d 242; Barnes v Gould, 83 AD2d 900, affd 55 NY2d 943; Couch v Schmidt, 204 AD2d 951). Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Barnes v. Gould
434 N.E.2d 261 (New York Court of Appeals, 1982)
Barnes v. Gould
83 A.D.2d 900 (Appellate Division of the Supreme Court of New York, 1981)
Couch v. Schmidt
204 A.D.2d 951 (Appellate Division of the Supreme Court of New York, 1994)
Bando v. Achenbaum
234 A.D.2d 242 (Appellate Division of the Supreme Court of New York, 1996)
Long v. Fitzgerald
240 A.D.2d 971 (Appellate Division of the Supreme Court of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
261 A.D.2d 425, 689 N.Y.S.2d 530, 1999 N.Y. App. Div. LEXIS 4748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adamowicz-v-robbins-nyappdiv-1999.