Wanger v. Zeh

Appeal by plaintiff and defendants from a decision and order which granted summary judgment to the plaintiff. The facts are concisely set forth in 45 Misc 2d 93. The issue on this appeal is whether or not, assuming the plaintiff’s title was unmarketable due to the encroachment of the front porch of the premises on a public street, the asssumed encroachment was cured by the plaintiff within a reasonable time and in a proper manner. It appears that any cure prior to the decision of Special Term would have been futile as the defendants purchasers were claiming the title unmarketable not only…