Legal Opinion

Caselli v. Messina

Appellate Terms of the Supreme Court of New York

Decided November 19, 1990PublishedCited by 2 opinions

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

  1. Laba v. CareyNew York Court of Appeals · 1971
  2. Vought v. . WilliamsNew York Court of Appeals · 1890
  3. Heller v. . CohenNew York Court of Appeals · 1897
  4. Regan v. LanzeNew York Court of Appeals · 1976
  5. Brokaw v. . DuffyNew York Court of Appeals · 1901

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Falmouth Building Corp. v. ZottoliAppellate Division of the Supreme Court of the State of New York · 1993
  2. Caselli v. MessinaAppellate Division of the Supreme Court of the State of New York · 1993

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