Appellate Division of the Supreme Court of New York, 1927

Leibowitz v. Lashins

Leibowitz v. Lashins
Appellate Division of the Supreme Court of New York · Decided May 15, 1927
220 A.D. 776
Leibowitz v. Lashins

Opinion of the Court

Judgment reversed on the law, and new trial granted, with costs to abide the event. The easements in question were not of such a character as to render the title unmarketable, and specific performance should have been decreed with an abatement in the purchase price upon proper proof by defendant that such incumbrances affected the value of the property. This is in accord with our former decision in Halma Construction Corp. v. Mittenthal (219 App. Div. 797), filed on February 11, 1927. Kelly, P. J., Manning, Young, Kapper and Hagarty, JJ., concur.

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