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ILEMAR CORP. v. KROCHMAL

44 N.Y.2d 702 (1978)

Ilemar Corp., Appellant, v. Henry Krochmal et al., Respondents.

Court of Appeals of the State of New York.

Decided March 29, 1978.

Attorney(s) appearing for the Case

Ira L. Hyams and Howard J. Herman for appellant.

Samuel Kirschenbaum and Brian Michael Seltzer for respondents.

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

MEMORANDUM.

The order appealed from should be affirmed, with costs. In order to place the vendor of realty under a contract of sale in default for a claimed failure to provide clear title, the purchaser normally must first tender performance himself and demand good title (Cohen v Krantz, 12 N.Y.2d 242; Higgins v Eagleton, 155 N.Y. 466). Tender of performance by the purchaser...

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