At an auction sale conducted by defendant, City of New York, on November 18, 1965, plaintiff was the successful bidder for three vacant lots in The Bronx and made a down payment of $100. There was at the time of the sale and prior thereto a metal fence runnning across two of the lots from an adjoining lot, owned by a third party, neither sold nor purchased in this sale. The memorandum of sale provided that the property was sold, "Subject...
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