Appellate Division of the Supreme Court of New York, 1927

Calleran v. Gallen

Calleran v. Gallen
Appellate Division of the Supreme Court of New York · Decided February 15, 1927
219 A.D. 801
Calleran v. Gallen

Opinion of the Court

Order reversed upon the law, with ten dollars costs and disbursements, and motion to compel appellant to complete his purchase denied, with ten dollars costs. We think the restriction in question constituted an incumbrance upon the property and rendered the title unmarketable. (Bull v. Burton, 227 N. Y. 101; Kimball Co. v. Fox, 120 Misc. 701; affd., 209 App. Div. 812; affd., 239 N. Y. 554.) Kelly, P. J., Manning, Young, Lazansky and Hagarty, JJ., concur.

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