Rubin v. Smith

The plaintiff is the purchaser in the contract for the sale of real property. He alleges that he rejected the title for sufficient reasons and sues to recover a payment made on account. This is a motion for judgment upon the complaint to dismiss the same as not containing facts sufficient to constitute a cause of action. The complaint sets forth various alleged defects in the defendants’ title such as outstanding title in third parties. It admits, however, that pursuant to those provisions of the Real Property Law popularly known as the Torrens Registration Law the defendants’ title has been…