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MARILYN LOHAN et al., Respondents, v. CHRISTOPHER TEJA, Appellant.

Ordered that the order is affirmed insofar as appealed from, with costs.

As the Supreme Court correctly determined, the defendant seller failed to demonstrate his entitlement to dismissal of the plaintiffs' complaint, alleging that they were induced to purchase the subject premises as a result of the defendant's active concealment of a mold infestation ( see Jablonski v. Rapalje, 14 AD3d 484).

The defendant's remaining contentions are without merit.

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LOHAN v. TEJA
(Oct 17, 2005)