Opinion
2002-1666 W C.
Decided October 1, 2003.
Appeal by plaintiff from a small claims judgment of the City Court of Yonkers, Westchester County (A. Doran, J.), entered March 21, 2002, in favor of defendant dismissing the action.
Judgment unanimously affirmed without costs.
PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.
In this small claims action for breach of a contract for the sale of real property, the dispute involves an alleged breach of obligations in regard to the condition of the conveyed premises. Inasmuch as the defects were neither latent ( cf. Staff v. Lido Dunes, Inc., 47 Misc 2d 322 [Sup Ct, Nassau County]) nor specifically stated to survive the closing ( see Davis v. Weg, 104 AD2d 617), these obligations merged into the deed at closing ( see e.g. Hunt v. Kojac, 245 AD2d 858; Goldstein v. Knapp, 223 AD2d 671). Therefore, substantial justice was done in accordance with the rules and principles of substantive law (UCCA 1804, 1807). It should be noted that we have not considered the improper and unsworn testimony of defendant's counsel in reaching this result.