DUKAS v. TOLMACH


2 A.D.2d 57 (1956)

Louis J. Dukas, Appellant, v. John Tolmach et al., Respondents

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

June 26, 1956.


Attorney(s) appearing for the Case

Mortimer G. Levine of counsel (Louis J. Dukas, in person, with him on the brief), for Louis J. Dukas, appellant.

Samuel R. Buxbaum of counsel (Gerald Paradise with him on the brief), for respondents.

PECK, P. J., BREITEL, BOTEIN and COX, JJ., concur.


RABIN, J.

Plaintiff, claiming that defendants' title is unmarketable, sues to recover the amount of the deposit paid by him on a contract for the purchase of a residential property from defendants. Reimbursement for plaintiff's expenses is also demanded.

The claim of unmarketability is based upon the following:

1. A stone retaining wall, lawn and plantings alleged to encroach (from 2¾ inches...

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