SIEBERT CO. v. KRAMER


107 Misc.2d 520 (1980)

O. W. Siebert Co., Inc., Plaintiff, v. Jack Kramer et al., Defendants.

Supreme Court, Trial Term, Queens County.

December 4, 1980


Attorney(s) appearing for the Case

Joseph Tanenbaum and Vincent Frontera for plaintiff. Albanese, Albanese & Fiore (Richard H. Rubin of counsel), for defendants.


EDWIN KASSOFF, J.

This action by a contract vendee for the return of its down payment raises issues of marketability and insurability of title to certain improved real property located at 86-88 Sancho Street, Holliswood, in the County of Queens. Defendants, record owners, have counterclaimed for damages for breach of contract. A trial without a jury was held before me and, from the credible evidence adduced thereat, I find the following:

On July...

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