EMPIRE CAREER CTR., INC. v. TOWN OF SCHUYLER


203 A.D.2d 906 (1994)

612 N.Y.S.2d 719

Empire Career Center, Inc., Respondent, v. Town of Schuyler, Appellant. (Appeal No. 1.)

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

April 15, 1994


Judgment unanimously reversed on the law with costs, motion denied, cross motion granted in part, complaint dismissed and judgment ordered in accordance with the following Memorandum: Supreme Court erred in directing specific performance of the contract for the sale of real property. Under the contract, it was plaintiff's duty to convey both an insurable title and title that was free of all liens and encumbrances except those specified in the contract. Title insurance had...

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