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W 90TH OWNERS v. SCHLECHTER

165 A.D.2d 46 (1991)

West 90th Owners Corp., Appellant-Respondent, v. Arthur D. Schlechter, Respondent-Appellant

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

January 29, 1991

Attorney(s) appearing for the Case

Michael J. Roberts of counsel (Roberts & Roberts, attorneys), for appellant-respondent.

Martin R. Gold of counsel (Mark N. Diller with him on the brief; Gold, Farrell & Marks, attorneys), for respondent-appellant.

ROSS, J. P., CARRO, MILONAS and ROSENBERGER, JJ., concur.

ASCH, J.

The plaintiff West 90th Owners Corp. is a tenant-sponsored cooperative corporation that purchased an Upper West Side apartment building from defendant, Arthur D. Schlechter. The August 9, 1979 contract of sale called for a deed that would convey title to the plaintiff "free from all encumbrances except as herein stated".

The phrase "except as herein stated" referred, inter alia, to a series...

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