SCHMUNK v. BERKEY HOUS. DEV. CORP.


2 A.D.2d 736 (1956)

James H. Schmunk et al., Respondents, v. Berkey Housing Development Corporation, Appellant Neall M. Alcott et al., Respondents, v. Robert E. Berkey, Appellant

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

June 14, 1956


In each case the purchase price of the house was $5,000, to be financed by a Federal Housing Administration insured mortgage. A tract map of the development was approved by the New York State Health Department through its district sanitary engineer and filed in the Madison County Clerk's office. Following percolation tests it was determined that leaching cesspools, rather than drain fields, were to be used on the lots involved, to take

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