TYMON v. LINOKI


16 N.Y.2d 293 (1965)

Edward Tymon, Respondent, v. Robert A. Linoki, Individually and as Executor of William Linoki, Deceased, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 30, 1965.


Attorney(s) appearing for the Case

Stephen J. Masse for Robert A. Linoki, appellant.

Donald J. Zimmer for John H. Hayes, appellant.

Bernard Meyerson and Herman B. Zipser for respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and SCILEPPI concur with Judge BURKE; Judge BERGAN taking no part.


BURKE, J.

Plaintiff brought this action for specific performance of a contract to convey a parcel of land. The final judgment ordered Linoki to convey the property to the plaintiff by a "Full Covenant and Warranty Deed". On appeal to the Appellate Division that court modified the judgment by changing the decretal description of the property, and ordering the defendant to give a deed free of incumbrances and with...

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