Caselli v. Messina
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
*672OPINION OF THE COURT
Memorandum.
Order modified with $10 costs to defendants, motion for summary judgment in favor of the defendants granted and complaint dismissed and, as so modified, order affirmed.
Plaintiffs entered into a contract to purchase the house of the defendants Messina and pursuant to the contract, a down payment was deposited with the defendant Ajello. The contract provided that it was to be sold subject to "Covenants, restrictions, reservations * * * of record * * * provided same are not violated by present structure or the present use of premises” and the parties added to said…
2Cases cited8 opinions
- Laba v. CareyNew York Court of Appeals · 1971
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Heller v. . CohenNew York Court of Appeals · 1897
- Regan v. LanzeNew York Court of Appeals · 1976
- Brokaw v. . DuffyNew York Court of Appeals · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Falmouth Building Corp. v. ZottoliAppellate Division of the Supreme Court of the State of New York · 1993
- Caselli v. MessinaAppellate Division of the Supreme Court of the State of New York · 1993