Danbury, CT
Lawsuits and disputes Lawyer at Danbury, CT
Practice Areas: Lawsuits & Disputes, Foreclosure, Arbitration
OUTCOME: Plaintiff prevails at trial (Defendants appeal but appeal is later withdrawn)
Excavating company sues owners for unpaid contract price for work it performed on multifamily residential property.
OUTCOME: Summary Judgment in favor of Defendants. Sustained on appeal.
Plaintiffs sued Defendants for breach of contract, negligent misrepresentation, intentional misrepresentation, fraudulent inducement, and unfair trade practices. Plaintiffs claimed that either the con ... tract or the title insurance affidavit gave them a false belief that the commerical building had a certificate of occupancy. After purchase, and upon attempting to sell the premises to a third party, the Plaintiffs learned that a portion of the commerical building did not have a certificate of occupancy. On Defendants' Motion for Summary Judgment, the trial court concluded that there was no question of material fact. The Defendants did not make any misrepresentation in the contract and/or the affidavit, and it was the Plaintiffs responsibility to inspect the property which was sold "as is". Even if the contract provided that the building was up to the building code, the Plaintiffs could stil not succeed on the merits because of the merger doctrine. Plaintiffs appealed. The appellate court affirmed the trial court's decision.
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