556 & 558 Fifth Avenue Co. v. Lotus Club
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, 556 & 558 Fifth Avenue Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of April, 1908, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to a defense contained in the defendant’s answer, designated as a “ third, separate and distinct defense.”
1Opinion of the Court
Laughlin, J.:
This is an action by a vendee of real estate against a vendor to recover moneys paid, together with the cost and expense of examin*341ing the title, upon the ground that the title was unmarketable and that the building on the premises encroached on Fifth avenue to the extent of seven inches, and in the event that the court should hold that the title was marketable and that there was not an illegal encroachment, for a specific performance of the contract.
On the 22d day of October, 1906, the defendant owned the premises known as Flos. 556 and 558 Fifth avenue in the borough of…
2Cases cited3 opinions
- Scallon v. Manhattan Railway Co.New York Court of Appeals · 1906
- Wanser v. . De NyseNew York Court of Appeals · 1908
- Wanser v. De NyseAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by4 opinions
- People ex rel. Browning v. StoverAppellate Division of the Supreme Court of the State of New York · 1911
- Acme Realty Co. v. SchinasiAppellate Division of the Supreme Court of the State of New York · 1913
- Ossining Associates, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958
- Ancel Realty Corp. v. YoungNew York Supreme Court · 1949