BISBEE v. SPACHT


125 A.D.2d 982 (1986)

Carl Bisbee et al., Appellants, v. James H. Spacht et al., Respondents

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

December 19, 1986


Order, insofar as appealed from, unanimously modified, on the law, to grant summary judgment to defendants dismissing the complaint and declaring that the bank's covenant to convey the mineral rights was a personal promise running from the bank to the Spachts and, as modified, affirmed, without costs.

Memorandum:

Plaintiffs sought a judgment declaring that they are entitled to certain mineral rights and extinguishing defendants' claims to those rights. They...

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