Martin Benitez v. Josephine Martinez - Supreme Court of New York

Martin Benitez v. Josephine Martinez

By Supreme Court of New York

  • Release Date - Published: 1956-04-09
  • Book Genre: Law
  • Author: Supreme Court of New York
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Martin Benitez v. Josephine Martinez Supreme Court of New York read online review & book description:

In our opinion, the appellant submitted proof sufficient to create an issue of fact as to the conclusiveness of the documentary
evidence, consisting of the written contract of sale, relied upon by the respondent. Appellant alleged claims of fraud in
respect to the soundness of the premises, the inspection of two of the apartments in the premises, and as to the physical
and structural conditions of one of said apartments. Such claims, if established, would vitiate the entire writing, including
the "no representations", "as is", and "no oral-change" provisions, as well as the express warranty therein contained. (Massler
v. Smit, 279 App. Div. 941; Laczko v. Bear Ridge Lake Corp., 280 App. Div. 813; Hellinger v. Abeles, 283 App. Div. 726; Anides
v. Kahar Realty Corp., 283 App. Div. 822.) Upon the papers before us, no denials of appellant's claims were made by the respondent,
nor by her salesman and broker to whom appellant attributed the active misrepresentations recounted. In addition, the purchase
price of $12,000 set forth in the contract of sale seemingly presents an ambiguity which may require an explanation at the
trial for the reason that the payments detailed to be made by the vendee total but $11,500. Disposition Order reversed, with $10 costs and disbursements, and motion denied.

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