Moss v. Rubenstein
New York Supreme Court
Action in equity to procure a judgment for an abatement on the purchase price of real property by reason of an alleged defect in the title and that upon payment of the residue of the purchase money the defendant be directed to specifically perform the agreement, or should the court adjudge that the defendant cannot convey a good title that the plaintiff have a money judgment for $1,000 paid as a deposit on the said purchase price with interest and for costs and expenses of…
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Action in equity to procure a judgment for an abatement on the purchase price of real property by reason of an alleged defect in the title and that upon payment of the residue of the purchase money the defendant be directed to specifically perform the agreement, or should the court adjudge that the defendant cannot convey a good title that the plaintiff have a money judgment for $1,000 paid as a deposit on the said purchase price with interest and for costs and expenses of examination of title and damages.
1Opinion of the CourtGiegerich, J.
The complaint alleges the making of a contract by the plaintiff with the defendant on April *38729, 1921, for the purchase of the premises known by the street number 1690 Nelson avenue, in the borough of The Bronx, New York city, for $10,000, free of any “ liens or attendances or violations ” of the fire or other departments having jurisdiction “ against or affecting the premises at the date hereof;” the payment of $1,000 on account of the purchase price; that the plaintiff is ready and willing to pay the residue of the purchase price for a good and marketable title of said premises and a proper…
2Cases cited5 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- Beveridge v. West Side Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Sokolski v. ButtenwieserAppellate Division of the Supreme Court of the State of New York · 1904
- Moskowitz v. SchwartzAppellate Terms of the Supreme Court of New York · 1911