Order denying defendants' motion for summary judgment and to cancel the notice of pendency of action reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs.
There can be no vendors' lien where the vendors accepted a mortgage for part of the purchase price and failed to make written reservation of any claimed remainder or independent lien. (Hallock v. Smith, 3 Barb. 267; Hare v. Van Deusen, 32 Barb. 92; Payne v. Wilson...
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