ADDESSO v. SHEMTOB


122 A.D.2d 754 (1986)

William J. Addesso, Respondent, v. David Shemtob et al., Appellants

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

August 4, 1986


Judgment affirmed, with costs.

The defendants do not contest on appeal that they were required under a contract for the sale of real property to discharge their $70,000 mortgage by the time of closing, when the deed to the property was to be delivered to the plaintiff with marketable title free of all encumbrances. However, they claim that the trial court cannot order them to do something they are unable to do; that is, they cannot convey the land with marketable...

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