Professional Liability Defense Results

Goldstein v. Carnell Associates, Inc., et al.

This professional liability action alleging one count of gross negligence was brought against a home inspector by a purchaser of residential property.  Plaintiff attempted to circumvent the limitation of liability clause in the pre-inspection contract by alleging gross negligence.  We moved for summary judgment based upon the pre-inspection contract and the lower court denied our motion.

Hoxhaj v. Carnell Building and Environmental Inspections Inc.

This professional liability action was brought against a home inspector by a purchaser of residential property who alleged the premises had water damage and the inspector was negligent in his inspection. We successfully moved for summary judgment based upon the pre-inspection contract and the case was dismissed.

Clement v. Delaney Realty Corp. et al

This professional liability action was brought against a home inspector by a purchaser of residential property who alleged the home was infested with toxic mold. The plaintiffs also sued their real estate broker, their attorney and the previous owners and alleged millions of dollars in damages. We successfully moved for summary judgment based upon the pre-inspection contract and the case was dismissed. The lower court’s decision as it related to our client was affirmed by the Appellate Division – Second Department.

Adlin v. Carnell Associates, Inc. [Defense Verdict]

Plaintiff alleged defendant performed a negligent home inspection and claimed damages in excess of $250,000. Mr. Canter represented the defendant and obtained a defense verdict after a lengthy trial in Westchester County, New York.

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