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· 1/23/2020

Matter of Dieng v. Torres-Springer

Citations

  • 114 N.Y.S.3d 638
  • 179 A.D.3d 546
  • 2020 NY Slip Op 481

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the independent duty doctrine did not bar the plaintif? s claim of negligent 13 misrepresentation, but “only to the extent the duty to not commit negligent misrepresentation is 5 independent of the contract”
  • distinguishing 18 No. 39294-5-III Allegiance Prop., et al. v. Keen, et al. between claims of fraudulent concealment and fraud
  • “[b]ecause the [sellers] represented in Form 17 that the property did not contain fill material, the [buyers] were entitled to rely upon the representation.”
  • purchaser had a right to rely on representations in a Form 17 that the property did not contain fill material
  • to prove a fraud claim, plaintiffs must establish that they “had a right to rely on the representation” at issue
  • purchaser had right to rely on representation in Form 17 that property did not contain fill material

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.