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KESSLER v. RAE

40 A.D.2d 708 (1972)

Milton Kessler et al., as Assignees for the Benefit of Creditors of Argene Building Corp., Respondents, v. Joseph Rae, Appellant

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

October 24, 1972

Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event.

In our opinion, reversible error was committed by barring the defendant vendor from testifying about precontract communications between him and the corporate vendee's president or attorney concerning the state of defendant's title. If a vendee knows of the inability of his vendor to convey the title he has undertaken to convey...

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