Calleran v. Gallen

Appellate Division of the Supreme Court of New York

Calleran v. Gallen

219 A.D. 801

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

DecidedFebruary 15, 1927

StatusPublished

Cited by1 cases

This text of 219 A.D. 801 (Calleran v. Gallen) 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

Calleran v. Gallen, 219 A.D. 801 (N.Y. Ct. App. 1927).

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Opinion

Order reversed upon the law, with ten dollars costs and disbursements, and motion to compel appellant to complete his purchase denied, with ten dollars costs. We think the restriction in question constituted an incumbrance upon the property and rendered the title unmarketable. (Bull v. Burton, 227 N. Y. 101; Kimball Co. v. Fox, 120 Misc. 701; affd., 209 App. Div. 812; affd., 239 N. Y. 554.) Kelly, P. J., Manning, Young, Lazansky and Hagarty, JJ., concur.

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Order reversed upon the law, with ten dollars costs and disbursements, and motion to compel appellant to complete his purchase denied, with ten dollars costs. We think the restriction in question constituted an incumbrance upon the property and rendered the title unmarketable. (Bull v. Burton, 227 N. Y. 101; Kimball Co. v. Fox, 120 Misc. 701; affd., 209 App. Div. 812; affd., 239 N. Y. 554.) Kelly, P. J., Manning, Young, Lazansky and Hagarty, JJ., concur.

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Bluebook (online)

219 A.D. 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calleran-v-gallen-nyappdiv-1927.

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