HUDSON-PORT EWEN v. CHIEN KUO


165 A.D.2d 301 (1991)

Hudson-Port Ewen Associates, L.P., Respondent, v. Chien Kuo et al., Appellants, et al., Defendant

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

March 7, 1991


Attorney(s) appearing for the Case

Herrick, Feinstein (Stephen M. Rathkopf, Arthur G. Jakoby and Sorrel Danilowitz of counsel), for appellants.

H. Clark Bell (Jerry A. Weiss of counsel), for respondent.

MAHONEY, P. J., and MIKOLL, J., concur with CASEY, J.; YESAWICH, JR., and HARVEY, JJ., dissent and vote to modify in an opinion by YESAWICH, JR., J.


CASEY, J.

Following execution of a contract to sell real property located on the Hudson River, a title report revealed that portions of the land were subject to a commerce grant issued by the State and a right of reentry contained in letters patent issued by the State. Although given the opportunity, defendants Chien Kuo and Helen Kuo (hereinafter defendants), the sellers, did not remedy these defects. At the...

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