Jennings v. Baumann — 243 N.Y. 532

p. 532

Daniel J. Jennings et al., Respondents, v. Jennie Baumann et al., as Executrices of Mary Baumann, Deceased, Appellants.

(Argued May 10, 1926;

decided May 25, 1926.)

Headnote

Vendor and purchaser — real property — title — encroachment — title to real properly unmarketable by reason of encroachments in street.

Jennings v. Baumann, 214 App. Div. 361 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 6, 1925, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial

p. 533

at Special Term. The action was to recover an amount paid upon a contract to purchase real property together with the amount of expenses of examining title, it being alleged that the title was unmarketable by reason of certain encroachments and projections of the building into the street.

Judgment affirmed, with costs;

Lynn C. Norris and Edward M. Perry for appellants.

Frank Harvey Field and Henry Booth Moore for respondents.

no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Lehman, JJ. Absent: Andrews, J.