Dininny v. Brown — 216 N.Y. 744

Majority

p. 744

Ferral C. Dininny, Respondent, v. Henrietta L. Brown, Individually and as Executrix of William L. Brown, Deceased, Appellant.

Headnote

Dininny v. Brown, 159 App. Div. 909 , affirmed.

(Argued December 6,1915;

decided January 4, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,

p. 745

entered December 4, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover for an alleged breach of a covenant in a deed that premises conveyed thereby were free from incumbrances. The complaint alleged that at the time of delivery of the deed the premises conveyed were subject to a tax which was a lien and incumbrance thereon.

A. Parker Nevin for appellant.

Bruce Ellison and William B. Ellison for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscook, Chase, Collin, Hogan, Seabury and Pound, JJ.