Gamorsil Realty Corp. v. Graef

This action was tried in the absence of the jury upon stipulation of the parties that the court would have power to direct a verdict with the same force and effect, as if the jury were present.

The theory of plaintiff’s case is that defendants are liable to plaintiff in damages because of a breach of the covenant against incumbrances, which was contained in a full covenant and warranty deed delivered to plaintiff on the 25th day of February, 1922. The property affected is known as No. 1125 Boston road, in the county of Bronx. At the time of the conveyance it is undisputed *597that a part of the…