Practice point: There is no liability for a seller's failing to disclose information, in an arms length transaction, absent active concealment of a defective condition.
Students should note that even proof of active concealment is ineffective if the buyer should have known of the defect.
Case: Laxer v. Edelman, NY Slip Opinion 06159 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
