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Lohan v. Teja

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 2005
22 A.D.3d 647 (N.Y. App. Div. 2005)

Opinion

2005-00353.

October 17, 2005.

In an action to recover damages for personal injuries and fraud, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated December 17, 2004, as denied its motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7).

Thaler Gertler, LLP, Westbury, N.Y. (Richard G. Gertler and John J. Hanley of counsel), for appellant.

Ralph A. Hummel, Woodbury, N.Y., for respondents.

Before: S. Miller, J.P., Krausman, Goldstein and Covello, JJ., concur.


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 AD3d 484).

The defendant's remaining contentions are without merit.


Summaries of

Lohan v. Teja

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 2005
22 A.D.3d 647 (N.Y. App. Div. 2005)
Case details for

Lohan v. Teja

Case Details

Full title:MARILYN LOHAN et al., Respondents, v. CHRISTOPHER TEJA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 17, 2005

Citations

22 A.D.3d 647 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 7671
801 N.Y.S.2d 917

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