Ostrow v. Lesser

Appellate Terms of the Supreme Court of New York

Ostrow v. Lesser

151 N.Y.S. 512

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 4, 1915

StatusPublished

This text of 151 N.Y.S. 512 (Ostrow v. Lesser) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ostrow v. Lesser, 151 N.Y.S. 512 (N.Y. Ct. App. 1915).

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Opinion

BIJUR, J.

Plaintiff’s claim ultimately resolved itself into a demand for the amount of an incumbrance based on a breach of warranty of title. Plaintiff was defendant’s grantee under a deed containing a warranty against incumbrance. When plaintiff conveyed to one Jans, it was discovered that there existed a lien on the property in the form > of a judgment against defendant’s grantor. Thereupon plaintiff claims to have paid to Jans the amount of this judgment, with -interest to date. It was not shown that Jans took title subject to the incumbrance, nor that the incumbrance was removed by payment of the judgment. Under the circumstances, plaintiff cannot recover. See Delavergne v. Norris, 7 Johns. 358, 5 Am. Dec. 281.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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BIJUR, J.

Plaintiff’s claim ultimately resolved itself into a demand for the amount of an incumbrance based on a breach of warranty of title. Plaintiff was defendant’s grantee under a deed containing a warranty against incumbrance. When plaintiff conveyed to one Jans, it was discovered that there existed a lien on the property in the form > of a judgment against defendant’s grantor. Thereupon plaintiff claims to have paid to Jans the amount of this judgment, with -interest to date. It was not shown that Jans took title subject to the incumbrance, nor that the incumbrance was removed by payment of the judgment. Under the circumstances, plaintiff cannot recover. See Delavergne v. Norris, 7 Johns. 358, 5 Am. Dec. 281.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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Bluebook (online)

151 N.Y.S. 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ostrow-v-lesser-nyappterm-1915.

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