Palmieri v. Katzenberg

Headnote

Vendor and purchaser — real property — marketability of title.

Palmieri v. Katzenberg, 209 App. Div. 889 , affirmed.

Appeal from a judgment, entered December 6, 1924, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing judgment in favor of defendant. The action was to recover moneys paid on account of the purchase price of real property. The defendant counterclaimed for specific performance of the contract to purchase. Plaintiff contended that a certain judgment recovered against defendant’s predecessor in title a year after it conveyed its title to the premises was nevertheless a lien upon the property rendering the title unmarketable.