Furla

Introduction

Plaintiff George Furia (plaintiff) purchased a residence from defendant Leonard Krasinski (Krasinski), whose real estate agent was defendant Marni Shore (Shore), an associate of defendant Jon Douglas Company. Claiming that defendants misrepresented to him the size of the residence as being approximately 5,500 square feet, when in reality it was only approximately 4,300 square feet, plaintiff brought this action for damages for intentional misrepresentation and concealment, negligent misrepresentation and negligence, and for rescission. The trial court granted summary judgment for defendants on the grounds that defendants did not know the house was substantially less than 5,500 square feet, defendants had reasonable grounds to believe the house was 5,500 square feet, defendants breached no duty toward plaintiff in failing to discover the house was not 5,500 square feet, and plaintiff did not justifiably rely on any representations by defendants. We reverse, finding there are triable issues of fact as to some of the causes of action.

Facts

In order to complete a narrative essential to understanding of the case, we summarize certain evidence produced by all…