Casey v. Masullo Brothers Builders, Inc. (218 A.D. 2d 907)- Buyer sues seller for fraud, misrepresentation, mistake
of fact and breach
of contract where buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an
abstract company prepared prior to the closing, and town tax rolls which confirmed placement
of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use
of means available to him to ascertain, by the exercise
of ordinary intelligence, the
truth of such representations; question
of fact exists whether a reasonable inquiry would have revealed the correct school district;
order dismissing seller's motion for summary judgment affirmed.