Kings Supreme Court Finds For Firm’s Client, Denies Motion To Dismiss in Fraudulent Concealment Case
In a case concerning the sale of a 19th Century, 2-family Bed-Stuy townhouse, Kings Supreme Court Justice Carolyn E. Wade upheld claims asserted by the Firm’s client for fraudulent concealment, breach of contract, negligent misrepresentation, and breach of fiduciary duty. The Firm and its clients had alleged that the Defendant Sellers had purchased the home in July 2022 for $997,500 when it needed a “full gut renovation” and then marketed the property to Plaintiffs less than a year later as having undergone “a meticulous restoration.” In denying Defendants’ motion to dismiss predicated largely on the doctrines of merger by deed and caveat emptor, Justice Wade found that the Firm’s client had sufficiently alleged a fraudulent scheme to install faulty systems and make only basic, cosmetic repairs, and not the comprehensive, “meticulous” and “modern” renovation that was advertised. Alfred E. Donnellan, Peter S. Dawson, and Brian Donnellan handled the matter for the Firm’s client and Mr. Dawson argued the case before Justice Wade. Read the Decision Here.