-
Controversy determined in favor of plaintiff and against defendant, and judgment directed accordingly, without costs, upon the ground that under authority of De Peyster v. Murphy (66 N. Y. 622); Lathers v. Keogh (109 id. 583), and Doonan v. Killilea (87 Misc. Rep. 427), affirmed simultaneously
*956 herewith it must be held that the assessment installments due after the closing day were nevertheless upon that day an incumbrance within the meaning of the contract. Jenks, P. J., Mills, Rich and Putnam, JJ., concurred; Thomas, J., not voting.
Document Info
Citation Numbers: 170 A.D. 955, 155 N.Y.S. 1144
Filed Date: 10/15/1915
Precedential Status: Precedential
Modified Date: 1/13/2023