Henry Hof, Inc. v. Noll

Does, J.:

In an action for specific performance or damages for claimed breach of a covenant to satisfy a second mortgage on Connecticut property plaintiff purchased from defendant Howard Y. Noll, Special Term after trial held as a matter of law that damages for such breach were the full amount of the mortgage and directed judgment in plaintiff’s favor in the sum of $52,997.94. The court also imposed in plaintiff’s favor a vendor’s lien for the amount of the judgment on New York property plaintiff simultaneously had conveyed to defendant HoAvard Y. Noll in exchange for the Connecticut property…