WILLARD v. MERCER


83 A.D.2d 656 (1981)

Walter J. Willard, Sr., et al., Respondents, v. James Mercer et al., Appellants. (Action No. 1.) Piper Agency, Ltd., Respondent, v. James Mercer et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant. Walter J. Willard, Sr., et al., Third-Party Defendants-Respondents. (Action No. 2.)

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

July 2, 1981


On April 15, 1977, the Mercers contracted to sell a parcel of realty in the Town of Clifton Park to the Willards. Piper Agency, Ltd., was the selling broker. The purchasers' surveyor reported a 100-foot discrepancy between the Mercers' deed description and the field survey when he measured the tie distance from a certain monument. Utilizing the erroneous tie point, the structure erected on the property did not appear to be within the described premises. The surveyor found...

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