McQUADE v. MAIDMAN


277 A.D. 1112 (1950)

Joseph P. McQuade et al., Appellants, v. Irving Maidman et al., Respondents

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

December 19, 1950.


Judgment affirmed.

CALLAHAN, J. (dissenting):

This action is in rescission to set aside a transfer of real property for false representations set forth in a contract of sale that a certain lease had been terminated and that the occupant was a statutory tenant. It is quite clear that the purchasers were not interested in buying the property unless they could obtain possession. The trial court, while it found that the false representations were...

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