Practice point: New York adheres to the doctrine and imposes no liability on a seller for failing to disclose information regarding the premises when the parties deal at arm's length, unless there is some conduct which constitutes active concealment.
Student note: A plaintiff seeking to recover damages for active concealment must show that the defendant thwarted the plaintiff's efforts to fulfill the responsibilities imposed by the doctrine.
Case: Margolin v. I M Kapco, Inc., NY Slip Op 07815 (2d Dept. 2011)
Here is the decision.
Tomorrow’s issue: Whistleblowers.
