In DiFilippo v. Hidden Pond Assocs. (146 AD2d at 738) the buyer claimed that the sellers fraudulently induced him to purchase the property by misrepresenting that he could rent out the unit, which rental violated the zoning laws. The court granted summary judgment dismissing the complaint, because the buyer failed to ascertain for himself the restrictions of the zoning ordinance, which was not a matter peculiarly within the defendants' knowledge (id.).