Kielbinski v. Sitko

Plaintiff seeks specific performance by defendant of a contract to purchase a parcel of real estate located in Brooklyn. On the day set for the closing of title, defendant refused to accept the deed tendered because of a defect in the record title.

The only question before the court is whether plaintiff is able to tender a good and marketable title.

The testimony discloses that on October 26, 1919, one Joseph Hyman, then the owner of the premises in fee simple, died intestate leaving him surviving a widow, Bose Hyman, together with their nine children. On June 26, 1920, these surviving children…