Bibber v. Weber

In this action to recover damages for breach of covenants contained in a deed, defendants move for an order dismissing the complaint pursuant to rules 112 and 113 of the Rules of Civil Practice.

On December 9, 1946, for a consideration of $16,000, defendants conveyed certain premises to the plaintiff and her husband by a full covenant and warranty deed. Plaintiff’s husband has since died and plaintiff is now the sole owner as surviving tenant by the entirety. Part of the building on the premises conveyed encroaches upon the street as laid out on the final city map. The building was erected in…