Gosstol Realty Corp. v. Gillman

The action is for the specific performance of a contract for the sale of real property, whereby the defendant agreed to purchase and the plaintiff agreed to sell certain premises at the northwest corner of Third avenue and One Hundred and Seventy-ninth street in Bronx county. The contract bounded the easterly line of the property at its most northerly point on Third avenue “ as legally opened,” and the same line at its most southerly point on the same avenue “ as opened.”

Defendant’s refusal of title was based upon the contention that plaintiff was not vested with a marketable title, if any,…