Amdur v. Shapiro

Cavalleris contracted to sell to Leo Bernstein certain ocean front real estate at Far Rockaway, described as having a frontage of 160 feet on Beach Thirty-seventh street and the line parallel thereto. It was provided in the contract: “ The seller shall give and the purchaser shall accept a title such as the Title Guarantee and Trust Company will approve and insure.” Bernstein, the buyer, assigned his contract to Greenwald and associates, the assignment reciting that “ the Title Guarantee & Trust Company is to determine as to the marketability of the seller’s title.” These assignees in turn…