Forbes v. Lomazow

In an action to rescind a contract for the purchase of a four-family dwelling and to recover the down payment, defendant appeals: (1) from an order of the Supreme Court, Kings County, dated March 25, 1964, which granted plaintiff’s motion for summary judgment; and (2) from the judgment entered thereon April 2, 1964 in the plaintiff’s favor. Order and judgment reversed, with $10 costs and disbursements; motion denied, and judgment vacated. The contract between the parties, dated April 29, 1962, specified that the two front apartments had been continuously owner-occupied for at least one year…