Postley v. Kafka

Martin, J.:

This is a submission of a controversy upon an agreed statement of facts, the question being whether defendant was justified in rejecting title tendered under a contract by which plaintiffs agreed to sell and defendant to purchase a parcel of realty known as No. 3318 Third avenue, borough of The Bronx, New York city. The contract does not indicate that there are any restrictions on the use of the property other than those imposed by the Building Zone Resolution. As a result defendant’s position is that provisions contained in certain deeds justified him in rejecting title.

In 1848…