Appellate Term of the Supreme Court of New York
193 A.D.2d 775 (1993)
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
Holding and Reasoning (Monteleone, J.)
Dissent (Pizzuto, J.)
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