HOWELL v. BROZZETTI


246 A.D.2d 929 (1998)

667 N.Y.S.2d 831

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.

January 29, 1998


Carpinello, J.

This case involves a claim of breach of contract for the sale of real property in the Town of Chenango, Broome County. The parties entered into the contract as a result of a public auction. Plaintiff, as vendor, seeks specific performance of the contract and defendants, as vendees, seek to rescind it on the ground that plaintiff is incapable of conveying marketable title because the property lacks legal access. Following a nonjury trial...

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