Moser v. Spizzirro
| Decision Date | 09 October 1969 |
| Citation | 25 N.Y.2d 941,305 N.Y.S.2d 153 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | , 252 N.E.2d 632 Edgar E. MOSER et al., Appellants, v. Louis SPIZZIRRO and Forest Park Gardens, Inc., Respondents. |
Appeal from Supreme Court, Appellate Divisions, Second Department, 31 A.D.2d 537, 295 N.Y.S.2d 188.
Purchasers of house brought action against corporate vendor and the president thereof. In the first cause of action the purchasers sought damages from the corporate vendor for breach of contract. In the second cause of action the purchasers sought to recover damages from both the corporate vendor and its president, jointly and severally, for alleged fraudulent concealment, contending that at closing of title corporate vendor and its president knew, or should have known, of facts that house was built on filled rather than solid land, and that foundation was not of the proper size for the land, and that the size of the footing was not in compliance with contract plans, and that construction violated City Building Code, and that to obtain building permit corporate vendor and its president allegedly had falsely represented in their application for building permit that house was to be built on solid land.
The Supreme Court, Trial Term, Westchester County, John P. Donohoe, J., entered a judgment for the purchasers against the corporate vendor on the first cause of action and against the corporate vendor and its president on the second cause of action.
The Appellate Division entered an order November 4, 1968, which modified, on the law and the facts, and, as modified, affirmed the judgment of the Trial Term. The modification consisted of striking the recovery of the purchasers on the second cause of action.
The purchasers appealed to the Court of Appeals, contending that there was evidence from which the jury could properly have found negligence on part of corporate vendor and its president so gross as to give rise to an inference of fraud.
Order affirmed, with costs.
All concur.
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