McQUADE v. MAIDMAN


276 A.D. 347 (1950)

Joseph P. McQuade et al., Appellants, v. Irving Maidman, Respondent, et al., Defendants

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

January 31, 1950.


Attorney(s) appearing for the Case

Arthur A. Beaudry for appellants.

David I. Shivitz (Edmund B. Hennefeld with him on the brief), for respondent.

PECK, P. J., GLENNON, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

The action is one by vendees of real property to rescind the contract of sale upon the ground of false representations by the vendor as to the status of a certain tenant occupying the property. The contract of sale, dated June 3, 1947, provided that the premises were sold subject to the rights of a designated corporate tenant, which was referred to as a statutory tenant. The contract by rider attached further...

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