HOWELL v. BROZZETTI


240 A.D.2d 794 (1997)

658 N.Y.S.2d 708

Vincent Howell, as Executor of Clyde W. Howell, Deceased, Appellant, v. Eugene V. Brozzetti et al., Respondents

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

June 5, 1997


Carpinello, J.

This case involves a breach of contract claim for the sale of real property owned by plaintiff in the Town of Chenango, Broome County. The contract was entered into as a result of a public auction. Defendants, the contract vendees, answered and counterclaimed seeking rescission of the contract on the ground that plaintiff was incapable of conveying marketable title because the property lacked a legal right of access.

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