Caselli v. Messina
New York Supreme Court, Appellate Division
567 N.Y.S.2d 972 (1990)
- Written by Ron Leshnower, JD
Facts
The Casellis (plaintiffs) signed a real-estate contract to purchase the home of the Messinas (defendants). According to the contract, the sale was subject to covenants and restrictions of record, provided that the covenants and restrictions were not violated by the present structure or use of the property and did not render title unmarketable. After noting covenants and restrictions of record on the title report, the Casellis asked the Messinas to return the down payment that the Casellis had paid. When the Messinas refused, the Casellis sued, claiming that the Messinas had failed to deliver marketable title to the property as required by the contract. The civil court denied both the Casellis’ and the Messinas’ motions for summary judgment. Both the Casellis and the Messinas appealed.
Rule of Law
Issue
Holding and Reasoning (Monteleone, J.)
Dissent (Pizzuto, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
