DIAZ v. NINE


285 A.D. 933 (1955)

Antonio Diaz et al., Respondents, v. Luis Nine, Appellant

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

March 15, 1955.


Order and judgment unanimously reversed, with costs to the appellant, and plaintiffs' motion for summary judgment denied.

The provision of the contract that the "Seller represents and warrants that basement may be lawfully occupied for dwelling purposes" is ambiguous and a trial of the issues is required. The notice of the department of housing and buildings of the City of New York that the premises were arranged and occupied as a multiple dwelling in violation of...

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