83 A.D.2d 656 | N.Y. App. Div. | 1981
Appeals (1) from a judgment of the Supreme Court in favor of plaintiffs in Action No. 1, entered August 6, 1980 in Saratoga County, upon a decision of the court at a Trial Term (Amyot, J.), without a jury, and (2) from a judgment of said court in favor of the plaintiff and the third-party defendants in Action No. 2, entered August 25,1980 in Saratoga County, upon a decision of the court at a Trial Term (Amyot, J.), without a jury. On April 15,1977, the Mercers contracted to sell a parcel of realty in the Town of Clifton Park to the Willards. Piper Agency, Ltd., was the selling broker. The purchasers’ surveyor reported a 100-foot discrepancy between the Mercers’ deed description and the field survey when he measured the tie distance from a certain monument. Utilizing the erroneous tie point, the structure erected on the property did not appear to be within the described premises. The surveyor found that the discrepancy was curable with corrective deeds. The purchasers’ attorney did not give the sellers’ attorney the desired description until August 1, 1977, some two months after the closing date specified in the contract. On August 11, 1977, the purchasers’ attorney sent a letter to the sellers’ attorney canceling the contract and demanding return of the $10,000 down payment, claiming