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BARASKY v. HUTTNER

210 A.D.2d 367 (1994)

620 N.Y.S.2d 121

David Barasky et al., Respondents, v. Howard Huttner et al., Appellants

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

December 19, 1994

Ordered that the judgment is affirmed, with costs.

The plaintiffs contracted with the sellers to purchase a parcel of real estate. Under the terms of the contract, the sellers were required to convey marketable title. The plaintiffs made a prima facie showing that the subject premises lacked access. Lack of legal access renders title unmarketable (Pollak v State of New York, 41 N.Y.2d 909). It was thereupon incumbent upon...

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