Practice point: New York law imposes no duty on the seller to disclose anything about the property when the parties deal at arm's length, unless there is active concealment.
Students should note that the seller's silence, standing alone, does not amount to an actionable concealment.
Case: Beach 104 St. Realty, Inc. v. Kisslev-Mazel Realty, LLC, NY Slip Op 06474 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Trusts and Estates.
