180 Misc. 545 | N.Y. Sup. Ct. | 1942
In this action the plaintiff, as vendee under a contract for the purchase of real estate, seeks a money judgment for the amount of its down payment, in addition to an adjudication that it has a lien upon the real estate. The plaintiff satisfied me that the defendant was unable to convey marketable title as there were at the time of trial unsatisfied liens of the New York State Transfer Tax and the United States Inheritance Tax. However, I believe that, by amending its complaint to eliminate the allegation that the “ plaintiff is ready, and willing and hereby offers to pay the residue of the purchase money ”, the plaintiff disaffirmed the contract and therefore