October 24, 2013
Princes Point LLC, etc., Plaintiff-Appellant,
AKRF Engineering, P.C., et al., Defendants-Respondents, John Doe(s) partners, et al., Defendants.
Gaines & Fishler, LLP, Staten Island (Robert M. Fishler of counsel), for appellant.
Seyfarth Shaw LLP, New York (Donald Dunn Jr., of counsel), for AKRF Engineering, P.C., respondent.
Herrick, Feinstein LLP, New York (Scott E. Mollen of counsel), for Allied Princes Bay Co., Allied Princes Bay Co. #2, L.P., Muss Development L.L.C. and Joshua Muss, respondents.
Andrias, J.P., Friedman, Acosta, DeGrasse, Freedman, JJ.
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about August 2, 2013, which granted defendants Allied Princes Bay Co., Allied Princes Bay Co. #2, Muss Development L.L.C., and Joshua Muss's motion for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.
To the extent plaintiff based its claims on certain alleged misrepresentations by defendants Allied Princes Bay Co. and Allied Princes Bay Co. #2 as to property it contracted to purchase from them, the claims are precluded by this Court's determination in a prior appeal that "plaintiff accepted all defects in the property at issue and was not relying on any assurances made by defendants as to the condition of the property" (94 A.D.3d 588, 589 [1st Dept 2012]).
We have considered plaintiff's remaining contentions, including that it is entitled to specific performance of the contract with an abatement in the purchase price, and find them unavailing.