Appellate Division of the Supreme Court of New York, 1947

Cesarotti v. Stack

Cesarotti v. Stack
Appellate Division of the Supreme Court of New York · Decided June 16, 1947
272 A.D.2d 917
Cesarotti v. Stack

Opinion of the Court

Action for specific performance of a contract for the sale of real property. Judgment for the plaintiff modified on the law and facts by striking therefrom the *918direction that the defendant execute a full covenant and warranty deed and by substituting therefor a provision that the defendant shall execute a bargain and sale deed. As thus modified, the judgment is unanimously affirmed, with costs to respondent. The second conclusion of law is modified by striking out the words full covenant and warranty ” and by inserting in place thereof the words “ bargain and sale ”. The inadvertent error in respect of the description of the deed could have been corrected by motion without having recourse to an appeal. Present — Hagarty, Acting P. J., Carswell, Adel, Nolan and Sneed, JJ.

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