Tomosky v. City of Bradford

Appeal from an order of the Supreme Court (Ingraham, J.), entered March 30, 1992 in Chenango County, which, inter alia, denied plaintiffs’ motion for summary judgment.

In 1991, plaintiffs contracted to sell their 94-acre tract of land in the Town of Greene, Chenango County. During the title search, it was discovered that the property was encumbered by reserved oil, gas and mineral rights created in 1931 in favor of "Jack B. Cleaves, Trustee for City of Bradford, McKean County, Pennsylvania”. Believing that this rendered title to the property unmarketable, the prospective purchasers informed…