BROCKTON ASSOC. v. WEINBAUM


23 Misc.2d 50 (1960)

Brockton Associates, Inc., Plaintiff, v. Benzion Weinbaum et al., Defendants.

Supreme Court, Special Term, Kings County.

February 25, 1960.


Attorney(s) appearing for the Case

Edgar Levy for plaintiff.

Barry & Katzman for defendants.


JACOB J. SCHWARTZWALD, J.

Plaintiff sues herein to rescind a contract of sale of defendants' home. The plaintiff sets forth two causes of action based on fraud and unmarketability of title, respectively. Defendants now move for summary judgment.

Plaintiff's first cause of action in fraud is hereby stricken. The theory of plaintiff's cause of action is that defendants concealed the fact that the property...

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