Court Grants Summary Judgment to Sellers, Denies Motion to Sanction Plaintiffs

RIVERHEAD, N.Y. - A New York trial court granted a home seller's motion for summary judgment on his buyers' fraud action, but denied the seller's motion to find the lawsuit frivolous and sanction plaintiffs. Lohan v. Teja, No. 21017/2003 (N.Y. Sup., Suffolk Cty.).

Marilyn and Richard Lohan complained that Christopher Teja concealed mold conditions in the basement of his Huntington, N.Y., home before selling it to the Lohans in 2003.

The Lohans submitted affidavits of a former employee of a testing service, photographs of dark stains on wall studs, sheetrock and insulation, and affidavits of non-parties.

Teja disputed the …