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Treib & Brodsky, Inc. v. North

155 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1915-10-22 English

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p. 1144
TREIB & BRODSKY, Inc., v. NORTH.
(Supreme Court, Appellate Division, Second Department.
October 22, 1915.)

Headnote

Action by Treib & Brodsky, Incorporated, against George A. F. North.

Controversy determined in favor of plaintiff and against defendant, and judgment directed accordingly, without costs, upon the ground that, under authority of De Peyster v. Murphy, 66 N. Y. 622 , Lathers v. Keogh, 109 N. Y. 583 , 17 N. E. 131 , and Doonan v. Killilea, 87 Misc. Rep. 427 , 149 N. Y. Supp. 832 , affirmed simultaneously herewith, it must be held that the assessment installments due after the closing day were nevertheless, upon that day, an incumbrance within the meaning of the contract.

THOMAS, J., not voting.

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