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SPIVAK v. FARKAS

217 A.D.2d 430 (1995)

629 N.Y.S.2d 45

Howard Spivak, Respondent, v. Laura Farkas et al., Appellants, et al., Defendants

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

July 6, 1995

Plaintiff buyer was entitled to cancel the contract without a showing of tender or ability to pay, because defendants' title was incurably defective, constituting only seven-eighths interest in the subject property, and thus defendants were in automatic breach (see, Cohen v Kranz, 12 N.Y.2d 242, 246, 247). Defendants' misrepresentation in the contract that they possessed full title was a misrepresentation that also justified...

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