SHELTON v. KIPPER


14 A.D.2d 406 (1961)

John P. Shelton, Respondent, v. Charles Kipper et al., Appellants

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

November 22, 1961.


Attorney(s) appearing for the Case

Peter N. Buono (John M. Rennell of counsel), for appellants.

Robert Eckelberger, Jr. (Robert J. McCarthy of counsel), for respondent.

BERGAN, P. J., COON, HERLIHY and TAYLOR, JJ., concur.


GIBSON, J.

Defendants appeal from the summary judgment awarded plaintiff in an action for specific performance of a contract for the sale of real estate.

The defendant vendors, while willing to perform, were unable to produce a certificate of satisfaction, such as plaintiff's attorney would approve, of an unrecorded mortgage, believed by defendants to be lost, executed by the vendors to John Fox, since deceased, and Ann Fox, his wife; plaintiff...

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