Cymerman Bros. v. Payne Homes, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action by a vendee under an executory contract for the sale of real property to recover its deposit and damages, upon the ground that the title tendered at the closing was unmarketable, the vendor counterclaimed for specific performance. The vendor appeals from a judgment, entered after trial, directing it to repay the deposit, with interest, costs and disbursements, and dismissing the counterclaim on the merits. Judgment unanimously affirmed, with costs. No opinion. Present — Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Hallinan, JJ. [5 Misc 2d 792.]
2Cases cited1 opinion
- Cymerman Bros. v. Payne Homes, Inc.New York Supreme Court · 1957
3Cited by3 opinions
- Regan v. LanzeNew York Court of Appeals · 1976
- Regan v. LanzeAppellate Division of the Supreme Court of the State of New York · 1975
- First National City Bank v. Tara Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1978