Lenihan v Muhametja

Holding The Appellate Division reversed the lower court’s dismissal of the fraud claim, finding that triable issues of fact existed regarding whether the defendants actively concealed property defects. The court affirmed the dismissal of the breach of contract claim because the plaintiffs failed to identify any contractual provision that survived the merger of the deed.

The court’s words

the defendants' own submissions raised triable issues of fact as to whether they actively concealed certain defects in the property

2026 NY Slip Op 05298, at the official text

the plaintiffs, however, fail to cite to any provision of the contract of sale that was breached, that survived delivery of the deed

2026 NY Slip Op 05298, at the official text

New York adheres to the doctrine of caveat emptor and imposes no liability on a seller for failing to disclose information regarding the premises

2026 NY Slip Op 05298, at the official text

the buyer has the duty to satisfy himself or herself as to the quality of [the] bargain pursuant to the doctrine

2026 NY Slip Op 05298, at the official text