Staebell v. Bennie

Judgment unanimously reversed, on the law and facts, with costs, and matter remitted to Supreme Court, Genesee County, for further proceedings in accordance with the following memorandum: In this action brought pursuant to RPAPL article 15, both parties seek an adjudication of their rights to certain real property and incidental relief. In 1969, plaintiffs and defendant executed a land contract whereby plaintiffs agreed to sell and defendant agreed to buy 70 acres of land and the house thereon for the price of $25,000 to be paid with interest over a period of 15 years. On August 4, 1978 after…