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ZELNICK v. BARTLIK

46 Misc.2d 1043 (1965)

Beatrice Zelnick, Plaintiff, v. Andrew Bartlik et al., Defendants.

Supreme Court, Special Term, Westchester County.

May 19, 1965

Attorney(s) appearing for the Case

Stephen Davis for plaintiff. Arthur I. Trager for purchaser.

LEONARD J. SUPPLE, J.

This is a motion to compel the purchaser upon a sale in foreclosure to complete his purchase. The purchase is resisting on the basis that defects in the service of process in this action rendered title unmarketable.

Courts will not compel the purchaser upon a judicial sale to accept a title that is not marketable and, in passing upon the marketability of title, the court will bear...

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