Appellate Division of the Supreme Court of New York, 1928

Friedman v. Baron

Friedman v. Baron
Appellate Division of the Supreme Court of New York · Decided April 15, 1928
223 A.D. 851
Friedman v. Baron

Opinion of the Court

Judgment reversed upon the law and the facts, with costs, and judgment directed in favor of plaintiffs for the sum of $5,000, with costs. We are of opinion that the variance of four feet on the parcel is a material variance, and that the learned trial court had no power to compel plaintiffs to accept less than they had contracted to purchase. Findings of fact and conclusions of law contrary to this decision are reversed, and new findings will be made in accordance herewith. Lazansky, P. J., Rich, Young, Seeger and Carswell, JJ., concur. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.