100 Misc. 532 | N.Y. Sup. Ct. | 1917
Action by vendee against vendor in contract for purchase and sale of real property for the recovery of down payment and expenses of examination of title. Defendant counterclaims for specific performance. The property is described in the contract as “ beginning at the corner formed by the intersection of the northerly side of 120th street with the easterly side of Madison avenue, which point is distant four hundred feet westerly from the westerly side of Park avenue.” It appears that prior to 1872 property on the avenue block in which the premises are situated was bounded on the west by New avenue, which carried the westerly line of the block 405 feet west of Park avenue, and that in the year referred to the legislature (chap. 220, § 2) undertook to extend the easterly line of Madison avenue, as it existed
Ordered accordingly.