Tahini Investments, Ltd. v. Bobrowsky
Plaintiff appealed two orders concerning a purchase-money mortgage and alleged misrepresentation during the sale of a 93-acre farm. Defendant, the seller, had represented the property as a horse farm, but industrial waste drums were later discovered. Plaintiff claimed defendant knew of the dumping site and failed to disclose it, constituting actionable misrepresentation. Defendant moved for summary judgment, denying knowledge and citing a disclaimer clause in the contract. The appellate court found triable issues of fact, stating that concealment of material facts can be misrepresentation, and a disclaimer does not always preclude claims if facts are peculiarly within the seller's knowledge. The court reversed the summary judgment, denying defendant’s motion and granting plaintiff’s motion to depose a nonparty witness.