From Casetext: Smarter Legal Research

Spivak v. Farkas

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 430 (N.Y. App. Div. 1995)

Opinion

July 6, 1995

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


Plaintiff buyer was entitled to cancel the contract without a showing of tender or ability to pay, because defendants' title was incurably defective, constituting only seven-eighths interest in the subject property, and thus defendants were in automatic breach ( see, Cohen v. Kranz, 12 N.Y.2d 242, 246, 247). Defendants' misrepresentation in the contract that they possessed full title was a misrepresentation that also justified plaintiff's cancellation of the contract ( see, Junius Constr. Corp. v Cohen, 257 N.Y.2d 393, 400).

Concur — Sullivan, J.P., Ellerin, Wallach, Williams and Mazzarelli, JJ.


Summaries of

Spivak v. Farkas

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 430 (N.Y. App. Div. 1995)
Case details for

Spivak v. Farkas

Case Details

Full title:HOWARD SPIVAK, Respondent, v. LAURA FARKAS et al., Appellants, et al.…

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

Date published: Jul 6, 1995

Citations

217 A.D.2d 430 (N.Y. App. Div. 1995)
629 N.Y.S.2d 45

Citing Cases

Saewitz v. Epstein

"False statements and misrepresentations as to the existence of . . . encumbrances . . . constitute…

In re Hicks

01 [14th ed]). Since a corporation's dissolution does not change quorum or voting requirements for, inter…