574-582 Bedford Avenue Corp. v. Land Mark Corp.

Appellate Division of the Supreme Court of New York

574-582 Bedford Avenue Corp. v. Land Mark Corp.

232 A.D. 689

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1931

StatusPublished

This text of 232 A.D. 689 (574-582 Bedford Avenue Corp. v. Land Mark Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

574-582 Bedford Avenue Corp. v. Land Mark Corp., 232 A.D. 689 (N.Y. Ct. App. 1931).

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Opinion

Judgment unanimously affirmed, with costs. In our opinion this transaction is not to be likened to the ordinary case of purchase and sale of real estate. These parties were coadventurers in the purchase of this property, and the sale of. the share represented by the plaintiff corporation to the defendant was, in effect, the same as a partner selling to his copartner. The knowledge of the defendant of the entire situation deprived it of the right to claim the encroachments to be a defect of title. Present —- Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ.

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Judgment unanimously affirmed, with costs. In our opinion this transaction is not to be likened to the ordinary case of purchase and sale of real estate. These parties were coadventurers in the purchase of this property, and the sale of. the share represented by the plaintiff corporation to the defendant was, in effect, the same as a partner selling to his copartner. The knowledge of the defendant of the entire situation deprived it of the right to claim the encroachments to be a defect of title. Present —- Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ.

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Bluebook (online)

232 A.D. 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/574-582-bedford-avenue-corp-v-land-mark-corp-nyappdiv-1931.