Majority
p. 768Fannie Weidenbaum, Respondent, v. Blanche Heyliger Hyderich, Defendant, and Jerome C. McDonough, Purchaser, Appellant.
Order directing purchaser to accept title reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The purchaser had not been tendered a marketable title up to and including the time of the argument of the motion to compel him to accept title. Appeal from order denying motion to reargue and resettle dismissed, without costs. Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ., concur.