Stern v. Karlson

Plaintiff herein sues to impress a vendee’s lien. Defendants counterclaim for specific performance. Both sides presently move for summary judgment.

The affidavit submitted on behalf of plaintiff asserts various objections to title, violations and misrepresentations. The prime question presented is the issue with respect to the written representation contained in the contract that “ Seller represents that 1882 Fulton Street is legal for occupancy by 4 apartments and 2 stores.” The report of the Building Department, annexed to the moving papers, discloses that the legal occupancy for the subject…