, Inspector Loses Bid For Summary Judgement

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COURTROOM NEWS

Date: 18 June 2007

N.Y. Inspector Loses Bid for Summary Judgment in Negligence Suit

Related Document: Order - MOL-0706-11 (PDF format)

RIVERHEAD, N.Y. — Conflicting affidavits offering details of an oral home

inspection contract preclude summary judgment for a home inspector accused of

negligence for failing to find mold and prior water damage, a New York trial

court ruled on May 30. Jurmann v. Heimer Engineering P.C., No. 11525/05 (N.Y.

Sup., Nassau Cty.).

Nassau County Supreme Court Justice Roy S. Mahon denied the motion for

summary judgment by Heimer Engineering P.C., which contends that its agreement

with homeowners and Ilene Jurmann incorporates language from prior

inspections limiting the inspection’s scope and, alternatively, limiting

damages to

the fee charged.....

The Juryman’s complain that Heimer was negligent in its inspection of a home

they agreed to purchase in Syosset, N.Y.....

Summary judgment is inappropriate give those issues of fact, the justice

ruled.

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