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RHODES v. ASTRO-PAC, INC.

41 N.Y.2d 919 (1977)

Gerald I. Rhodes, Respondent, v. Astro-Pac, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided March 22, 1977.

Attorney(s) appearing for the Case

John S. Hogg and George T. Mahshie for appellants.

Gay M. Pomeroy for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed. For the reasons stated by the Appellate Division the plaintiff was entitled to summary judgment on the first cause of action. We would emphasize however that in this contract of sale, the defendant specifically agreed to convey to the plaintiff "by warranty, deed good title to the property free of all liens and encumbrances". It is conceded that there is...

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