Moses & Singer Litigation Team Obtains Victory in the Appellate Division

December 21, 2018

Moses & Singer’s litigation team led by Jay Fialkoff and Ruth Haber recently obtained a victory in the Appellate Division, First Department, when the Court affirmed the dismissal of a complaint filed by the purchasers of a cooperative apartment who claimed that a floor plan given to them by the seller’s sales agent misstated the square footage of the apartment. The Court held that where the purchasers had the opportunity to examine and measure the apartment themselves, there was no basis to sue the sellers for fraud and that the floor plan was not incorporated into the sales contract and did not constitute an express warranty as to the size of the apartment.