81-03 Northern Blvd. Corp. v. Treserra

Full title: 81-03 NORTHERN BLVD. CORP., Appellant, v. RAYMOND TRESERRA, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 13, 1993

199 A.D.2d 299 (N.Y. App. Div. 1993)

606 N.Y.S.2d 1003

Opinion

December 13, 1993

Appeal from the Supreme Court, Queens County (Lonschein, J.).

Ordered that the order is affirmed, with costs.

The plaintiff concedes that at the time of closing, it was aware that the property the defendant was conveying to it was being leased and that it was therefore not free of all encumbrances. Because the plaintiff nonetheless agreed to close on the property and accept the deed, despite his knowledge that the parcels were not free from all encumbrances, we find no merit to the motion to hold the defendant in contempt (see, Thompson v Thompson, 197 App. Div. 228; Matter of Cole v Cole, 147 Misc.2d 297, 300).

We have reviewed the plaintiff's remaining contentions and conclude that they are without merit. Mangano, P.J., Rosenblatt, Lawrence and Joy, JJ., concur.