S. Victor Wittenberg v. Anna G. Robinov Et Al‪.‬

Plaintiff's action against defendant Robinov for fraudulently inducing a contract for the sale of real property will not lie. Under the authority of our decision in Danann Realty Corp. v. Harris (5 N.Y.2d 317; see, also, Ernst Iron Works v. Duralith Corp., 270 N. Y. 165), the alleged misrepresentations here were disclaimed with sufficient specificity -- except the alleged misrepresentation as to ownership of the kitchen ranges, which could not reasonably be said to come within the ambit of ""physical condition or services"". That alleged misrepresentation, however, in view of the bill of particulars limiting plaintiff's proof, was not material. Lack of ownership of a single range having a claimed value of $100 could hardly have induced this $32,375 sale.