Garcia v. Pilot Building Corp.

Headnote

Contract —- real property —■ title — action to recover deposit on contract to purchase real property — breach of covenant running with land — unmarketable title.

Garcia v. Pilot Building Corpn., 209 App. Div. 903 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 25, 1924, unanimously affirming a "judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was to recover a deposit paid on a contract to purchase real property together with expenses on the ground that the building on the premises had been erected in violation of a covenant running with the land and that, therefore,

the title was unmarketable. The answer set up a counterclaim for specific performance.