ROSENSCHEIN v. McNALLY


17 A.D.2d 834 (1962)

Matthew Rosenschein, Respondent, v. Hermina A. McNally, Appellant

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

October 9, 1962


Order affirmed, with $10 costs and disbursements, with leave to defendant to answer within 20 days after the entry of the order hereon.

Pursuant to contract, plaintiff agreed to buy and defendant agreed to sell the premises on the basis of a survey delivered by defendant to plaintiff prior to the execution of the contract. To the knowledge of defendant, but not to the knowledge of plaintiff, a brook shown on the survey had been relocated between the time of the survey...

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