RIZZO v. LANDMARK REALTY CORP.


277 A.D. 1094 (1950)

Angelo A. Rizzo et al., Appellants, v. Landmark Realty Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1950.


Judgment and order reversed on the law, with costs to the appellants, and defendant's motion for judgment on the pleadings denied, with $10 costs.

Memorandum:

We feel that the Special Term was in error in granting defendant's motion for judgment on the pleadings. Section 240-a of the Real Property Law does not deprive a vendee of the right of specific performance with abatement. Said section (subd. 1, par. [a]) renders unenforcible insofar

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