GUCCIARDO v. NORMAN


139 A.D.2d 562 (1988)

James Gucciardo et al., Respondents, v. John Norman, Appellant

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

April 11, 1988


Ordered that the judgment is reversed, on the law and the facts, with costs, and the complaint is dismissed.

The contract of sale on which this litigation is premised required that the defendant convey to the plaintiffs the property "as appears on the attached survey". It also specified that the sale was subject to "any state of facts an accurate survey may show, provided same does not render title unmarketable". The existence of utility poles and lines is noted on...

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