Red Hook Marina Corp. v. Antilles Yachting Corp.

*238OPINION

On April 8, 1969, plaintiff, by warranty deed, sold and conveyed parcels Nos. 50-A and 101 of Estate Frydenhoj, No. 3 Red Hook Quarter, to defendant. One of the parcels, No. 101 borders on the Caribbean Sea. In his action, plaintiff sues for foreclosure of the purchase money mortgage, and to recover the balance due on the underlying note. Defendant admits execution of the note and mortgage and its default thereunder, and counterclaims for breach of warranties of title and seizin. The case is presently before the Court on plaintiff’s motions for summary judgment and for the dismissal of…