Opinion
May 3, 1999
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
We have reviewed the record and agree with the petitioner's assigned counsel that: there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see, Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631; cf., People v. Gonzalez, 47 N.Y.2d 606).
Ritter, J. P., Joy, Altman and Smith, JJ., concur.
ADAMOWICZ v. ROBBINS, 261 A.D.2d 425 [2d Dept 1999] 689 N.Y.S.2d 530 LAURA ADAMOWICZ, Appellant, v. ANNABELLE ROBBINS, Respondent, et al., Defendant. Appellate Division of the Supreme Court of the State of New York Second Department May 10, 1999
Appeal from the Supreme Court, Nassau County (McCarty, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted the motion to dismiss the complaint insofar as asserted against the defendant Annabelle Robbins. The plaintiff had prior notice of the existence of termite damage, and specific contract provisions prevented reliance on any alleged fraudulent misrepresentation made by Robbins prior to the sale concerning either the existence or extent of termite infestation or damage ( see, Long v. Fitzgerald, 240 A.D.2d 971, 972; Bando v. Achenbaum, 234 A.D.2d 242; Barnes v. Gould, 83 A.D.2d 900, affd 55 N.Y.2d 943; Couch v. Schmidt 204 A.D.2d 951).
Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.