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FIELD v. CONCORD KENNEDY LTD. P'SHIP

176 A.D.2d 855 (1991)

Martin W. Field, Appellant, v. Concord Kennedy Limited Partnership, Respondent

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

October 21, 1991

Ordered that the order and judgment is affirmed, with costs.

While the language of the parties' option contract demonstrates that the plaintiff was entitled to title which was both insurable and free of all encumbrances other than those set forth in the agreement (see, e.g., Hudson-Port Ewen Assocs. v Chien Kuo, 78 N.Y.2d 944), the contract also unequivocally provides that any encumbrance or other exception to title...

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