TURI v. MAROTTA


281 A.D. 805 (1953)

Bernardo Turi et al., Respondents, v. Mildred C. Marotta et al., Appellants

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

January 16, 1953.


Order reversed on the law and facts, with $10 costs and disbursements, and motion granted, with costs.

Memorandum:

So far as the record discloses, when defendant Orlando entered into the contract with plaintiffs he had no knowledge of the contract previously entered into by the plaintiffs with defendants Marotta. He was ready and willing to close on the closing date set forth in his contract, but when it appeared that the Marotta contract had been recorded...

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