Rexhepi v Astoria Park Realty LLC

Holding The court affirmed the dismissal of the complaint, holding that the plaintiff’s claim for a purchase price reduction under General Obligations Law § 5-1311 failed because the contract expressly allocated the risk of pre-closing loss and the plaintiff had waived inspection of the severely damaged property. The court found that the alleged damage was attributable to natural deterioration of the unsafe conditions the plaintiff knowingly accepted.

The court’s words

without any reduction in the purchase price or claim of any kind for any change in condition

2026 NY Slip Op 06541, at the official text

an 'as-is' clause in a real estate contract does not, standing alone, bar claims under General Obligations Law § 5-1311

2026 NY Slip Op 06541, at the official text

plaintiff knowingly assumed the risks inherent in purchasing a severely damaged, unsafe property that he was not entitled to inspect

2026 NY Slip Op 06541, at the official text