Legal Opinion
Howell v. Brozzetti
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 1998PublishedCited by 2 opinions
1Opinion of the CourtCarpinello, J.
Appeal from a judgment of the Supreme Court (Rose, J.), entered February 9, 1996 in Broome County, upon a decision of the court in favor of defendants.
This case involves a claim of breach of contract for the sale of real property in the Town of Chenango, Broome County. The parties entered into the contract as a result of a public auction. Plaintiff, as vendor, seeks specific performance of the contract and defendants, as vendees, seek to rescind it on the ground that plaintiff is incapable of conveying marketable title because the property lacks legal access. Following a nonjury trial,…
2Cases cited6 opinions
- Voorheesville Rod & Gun Club, Inc. v. E. W. Tompkins Co.New York Court of Appeals · 1993
- Pollak v. StateNew York Court of Appeals · 1977
- Dyker Meadow Land & Improvement Co. v. CookNew York Court of Appeals · 1899
- Van Valkenburgh v. StateAppellate Division of the Supreme Court of the State of New York · 1987
- Barasky v. HuttnerAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by2 opinions
- Janian v. BarnesAppellate Division of the Supreme Court of the State of New York · 2002
- Banker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006