Rosenthal v. West

Plaintiff, purchaser of real property from defendants, the sellers, sues defendants for a claimed breach of the contract of purchase and sale; viz., the seller’s failure, contrary to the express terms of the contract, to convey the premises free from a violation consisting of an unlicensed vault under the sidewalk in front of the premises. Plaintiff also alleged a second cause of action in fraud for claimed concealment of facts alleged to be known to defendants.

*444After a nonjury trial, the Municipal Court dismissed the complaint essentially on the ground that although * ‘ the maintenance of the…