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 arms length, unless there is active concealment.
Student note: For concealment to be actionable as fraud, the plaintiffs must show that the defendants thwarted the plaintiffs' efforts to fulfill their responsibilities imposed by the doctrine.
Case: Camisa v. Papaleo, NY Slip Op 01645 (2d Dept. 2012).
Tomorrow’s issue: Hearsay and interrogatories.
