JOSEPH RAE ENTERS., INC. v. BUHLMANN


32 A.D.2d 1033 (1969)

Joseph Rae Enterprises, Inc., Appellant, v. Arthur Buhlmann et al., Respondents

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

July 21, 1969


Order and judgment affirmed, with one bill of $10 costs and disbursements.

Martuscello, J., dissents and votes to: (1) modify the order so as to (a) strike out the provisions granting defendants' cross motion and (b) deny said cross motion and (2) reverse the judgment, with the following memorandum:

I am of the opinion that serious factual issues exist as to the marketability of the title to the property which defendants contracted to sell, and...

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