Courts Reject Summary Judgment for Jilted Home Seller

ALBANY, N.Y. - A New York appellate court has affirmed a lower court's rejection of summary judgment for a home seller who contends that the prospective buyer was given an opportunity to examine the house and should be held to an agreement to purchase the property "as is." Dube-Forman v. D'Agostino, No. 505826 (N.Y. Sup. Ct., App. Div., 3rd Dept.).

The New York Supreme Court Appellate Division, Third Department, held in its April 23 opinion that while the seller made a prima facie claim the buyer has successfully raised questions of fact on fraud and breach of fiduciary duty claims …