Tenny Estates, Inc. v. Safan Realty Corp.

This is an action to recover a down payment of $2,000 on a contract of sale of real property, together with the reasonable cost of title examination. Plaintiff moves for summary judgment under Civil Practice Rule 113. Plaintiff rejected the deed when tendered by the defendant and contends that the rejection was justified because the title was incumbered by a restrictive covenant not specified in the contract of sale. The restrictive covenant contained in an instrument of conveyance, dated December 1, 1852, and recorded March 26, 1853, and also in instruments of conveyance of the premises…