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  5. 53 N.Y.2d 455 (1981)
 

S.E.S. IMPS. v. PAPPALARDO

53 N.Y.2d 455 (1981)

S.E.S. Importers, Inc., Appellant, v. Frank Pappalardo, Defendant Third-Party Plaintiff-Respondent. Anna Klores, as Executrix of Benjamin C. Klores, Deceased, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1981.

Attorney(s) appearing for the Case

Joseph A. D'Addario, Victor Gartenstein and Sanford Silver for appellant.

Thomas G. Sherwood and Vincent M. Albanese for defendant and third-party plaintiff-respondent.

Judges JASEN, GABRIELLI, WACHTLER and MEYER concur with Judge JONES; Judge FUCHSBERG dissents and votes to affirm in a separate opinion in which Chief Judge COOKE concurs.

JONES, J.

Notwithstanding that at the time of closing the seller was unable to convey good title in consequence of a defect in his own title, the buyer is entitled to specific performance where the defect has disappeared at the time of trial and the court can then give an effective judgment for the equitable relief demanded. The buyer's right to specific performance...

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