King v. Island Park Associates, Inc.

— Judgment reversed on the law and the facts, with costs of the appeal, and judgment directed for plaintiff for the recovery of the payments made by her, with interest and without costs. The defendant made no claim for specific performance and rested upon its ability to convey a marketable title at the closing. The effect of its position was to claim a forfeiture of all of the payments made by plaintiff. It was, therefore, incumbent upon the defendant to be in the position of claiming complete and strict compliance with the contract as of the law day. (Abramowitz v. Fraccalvieri, 227 App.…