CASSIA CORP. v. NORTH HILLS HOLDING CORP.


278 A.D. 960 (1951)

The Cassia Corporation, Respondent, v. North Hills Holding Corp. et al., Defendants, and Henrietta D. Hopke et al., Appellants

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

June 18, 1951.


Judgment reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event.

In our opinion the finding by the learned Justice at Special Term, as expressed in his opinion and implicit in the judgment, that plaintiff had no knowledge of appellants' rights or of circumstances from which such knowledge could be inferred, is contrary to the weight of the evidence. Although appellants' contracts were unrecorded, their vendees' liens...

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