105 Misc. 6 | N.Y. Sup. Ct. | 1918
On or about March 7,1916, the parties to this action entered into an agreement for the purchase and sale of the house and lot known as No. 28 East Seventy-sixth street, borough of Manhattan. The plaintiff, vendee, refused to accept the duly executed deed tendered to it, upon the alleged ground that defendant did not have title to the whole of the premises. The alleged failure of title arises from the deed of William Noble, one of the predecessors of the defendant in title, dated November 1,1883, to one John Noble, wherein the metes and bounds were described as follows : 11 Beginning at a point on the southerly side of Seventy-sixth street, distant twenty feet westerly from the southwesterly corner of Seventy-sixth street and Madison avenue, which point is opposite the centre of a party wall between the building upon the land hereby conveyed and the building adjoining the same on the east thereof, and running thence southerly parallel with Madison avenue and part of the way through the centre of said party wall one hundred and two feet and two inches to the centre line of the block between Seventy-sixth and Seventy-fifth streets; thence westerly along said centre line of the block twenty feet to- a point opposite the centre of another party wall between the building upon the land hereby conveyed and the building adjoining the same on the west thereof; thence northerly and parallel with Madison avenue and part of the way through the centre of said last named party wall one hundred and two feet and two inches to the southerly side of Seventy-sixth street, and thence easterly along said southerly side of Seventy-sixth street twenty feet to the point or place of beginning. Said premises being now known as No. 28 East Seventy-
Judgment accordingly.