Property · MBE-tested
Brookyork Realty Corporation, Respondent, v. Restin Realty Co., Inc., and Others, Defendants. Harry Posner, Purchaser, Appellant
217 A.D. 761·New York Supreme Court, Appellate Division·1926·NY
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Opinion
Brookyork Realty Corporation, Respondent, v. Restin Realty Co., Inc., and Others, Defendants. Harry Posner, Purchaser, Appellant.
[MAJORITY]
Order directing purchaser to complete his purchase reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The restrictive covenants affecting the property are not referred to in the terms of sale, and form substantial objections to the title. The record before us discloses no act on the part of the purchaser waiving these objections. Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ., concur.