Kosmowski v. Labruzzo — 247 N.Y. 573

Majority

p. 573

Antoni Kosmowski, Respondent, v. Mary G. Labruzzo, Appellant.

Headnote

Vendor and purchaser — real property — vendor unable to give clear title — action to establish lien on real property for down payment under contract of sale and expenses.

Kosmowski v. Labruzzo, 220 App. Div. 773 , affirmed.

(Argued January 17, 1928;

decided February 14, 1928.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1927, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was to establish a lien upon real property for the amount paid by plaintiff under a contract to purchase said property together with expense incurred in connection therewith on the ground that defendant was unable to convey an unincumbered title as required by the contract.

p. 574

Peter H. Ruvolo and Herbert N. Warbasse for appellant.

Abraham S. Cohen and Samuel Widder for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.