GREGORY v. SHARAC


19 A.D.2d 673 (1963)

Floyd C. Gregory et al., Respondents, v. Samuel Sharac et al., Appellants

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

June 27, 1963


The appeal concerns the two defenses and counterclaims interposed in a foreclosure action. Plaintiffs' conveyance to defendants and defendants' purchase-money mortgage to plaintiffs were given, each on December 22, 1960, pursuant to contract of sale of December 15, 1960, whereby, among other things, plaintiffs agreed to execute a "guarantee * * * that any damage caused prior to August 1, 1961 by the settling of the floor of the garage shall be repaired by the sellers". The...

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