N.Y. Inspector Loses Bid for Summary Judgment in Negligence Suit

RIVERHEAD, N.Y. - Conflicting affidavits offering details of an oral home inspection contract preclude summary judgment for a home inspector accused of negligence for failing to find mold and prior water damage, a New York trial court ruled on May 30. Jurmann v. Heimer Engineering P.C., No. 11525/05 (N.Y. Sup., Nassau Cty.).

Nassau County Supreme Court Justice Roy S. Mahon denied the motion for summary judgment by Heimer Engineering P.C., which contends that its agreement with homeowners Peter and Ilene Jurmann incorporates language from prior inspections limiting the inspection's scope and, alternatively, limiting damages to the fee charged.

The Juryman's …