210 West 56th Street Co. v. Pantinakis

Levy, J.:

The action is one to recover a deposit made by the plaintiff with the defendants under a contract for the sale by the defendants to the plaintiff of certain real property, it being alleged that the defendants were unable to perform by reason of certain incumbrances upon or defects in their title. The defendants’ answer denied the existence of these defects and sought affirmative relief of specific performance. The action was commenced by the service *763of the summons and complaint on April 15, 1925. The answer was served on May 19, 1925. The plaintiff’s time to reply expired on June 8,…