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3120 REALTY CORP. v. TONG

6 Misc.2d 909 (1957)

3120 Realty Corp., Plaintiff, v. Rose Tong et al., Defendants.

Supreme Court, Special Term, Westchester County.

April 12, 1957.

Attorney(s) appearing for the Case

James H. Shimberg, Norman Gross and Stuart R. Shamberg for plaintiff.

Morris A. Marks for defendants.

ARTHUR D. BRENNAN, J.

In this action brought to recover the down payment made under a contract for the sale of an unimproved tract of approximately 45 acres, the plaintiff moves for summary judgment. The defendants also seek summary judgment.

The subject contract contains a provision that "The seller shall give and the purchaser shall accept title such as the Inter-County Title Guaranty & Mortgage Company or Title Guarantee

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