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Equiptex Indus. Products Corp. v. Paulucci

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1991
169 A.D.2d 701 (N.Y. App. Div. 1991)

Opinion

January 14, 1991

Appeal from the Supreme Court, Westchester County (Marbach, J.).


Ordered that the judgment is affirmed, with costs.

The plaintiff purchaser sought, inter alia, return of its deposit plus the costs of title examination on the ground that the defendant seller was unable to convey marketable title because of certain easements encumbering the subject property. On a prior appeal, we reversed the trial court's granting of summary judgment to the plaintiff and remitted for a trial, finding there were questions of fact as to whether these easements rendered title unmarketable (see, Equiptex Indus. Prods. Corp. v Paulucci, 133 A.D.2d 440). Upon review of the testimony, we find no reason to disturb the trial court's finding that the easement for ingress and egress running the length of the southern boundary of the property and shared with the adjoining landowner was an encumbrance rendering title unmarketable (see, Rhodes v Astro-Pac, Inc., 51 A.D.2d 656, affd 41 N.Y.2d 919). The evidence established that the plaintiff did not agree to take subject to the easement. Thompson, J.P., Kunzeman, Lawrence and Rosenblatt, JJ., concur.


Summaries of

Equiptex Indus. Products Corp. v. Paulucci

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1991
169 A.D.2d 701 (N.Y. App. Div. 1991)
Case details for

Equiptex Indus. Products Corp. v. Paulucci

Case Details

Full title:EQUIPTEX INDUSTRIAL PRODUCTS CORP., Respondent, v. ANDREW PAULUCCI, Doing…

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

Date published: Jan 14, 1991

Citations

169 A.D.2d 701 (N.Y. App. Div. 1991)
564 N.Y.S.2d 188