BUT PROPERTY WAS PURCHASED “AS IS” ....
After “228” acquired certain real property from “228A,” an action was filed in New York County Supreme Court asserting “negligence,” and “contract breach,” all due to a non-working elevator. But after its case was dismissed, and the seller was awarded legal fees, an appeal followed.
Apparently, the purchaser agreed to take the property “as is,” subject to “all Violations,” and was apprised of all issues which were on record with the Department of Buildings, particularly as they related to the elevator. Since no independent duty (aside from the contract) existed, 228’s negligence claim could not survive. And because of the “as is” conditions of the sale, and given that no independent representations were made regarding the elevator’s condition, a contract breach claim could also not be maintained.
228’s negligence and breach claims against the title company were also dismissed, as no “title defects” were asserted, and the company concededly notified the purchaser of the elevator violations.
Given that the seller prevailed, and the parties’ agreement provided for the recovery of fees in the event of a dispute, the Appellate Division, First Department, affirmed the outcome in all respects.
Guess you could say that case wasn’t very elevating ….
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DECISION