Legal Opinion · Concurring in part, dissenting in part
Francesa v. Scibetta
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 2008Published
1Concurring in part, dissenting in partSpolzino, J.
(concurring in part and dissenting in part and voting to dismiss the appeal from the order entered December 6, 2006, and to affirm the judgment and the order entered May 8, 2007, with the following memorandum): I disagree with the *632majority. In my view, when the sellers agreed that they and all subsequent owners of the property would be obligated to “maintain,” “repair,” and “replace” the new chain-link fence to be constructed on the property, they imposed a new burden on title that the purchasers had not agreed to assume. As a result, the sellers were unable to tender title as required by the…
2Cases cited20 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
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