Ilemar Corp. v. Krochmal

In an action, inter alia, to recover the down payment made pursuant to a contract for the sale of real property, defendants appeal from a money judgment of the Supreme Court, Suffolk County, entered October 13, 1976, which is in favor of plaintiff and against defendants, after a nonjury trial. Judgment reversed, on the law and the facts, with costs, and complaint dismissed. The Trial Term granted judgment to plaintiff-respondent on the ground that the defendants sellers had failed to (1) convey the premises free of all encumbrances and (2) provide title insurance from a company willing to…