Ely Laba v. Richard Carey

Summary

The New York Court of Appeals held that the seller did not breach the purchase contract because the title insurance exception for easements and a restrictive covenant was within the scope of the contract's "subject to" clause, and that the alleged sidewalk grade differences did not render the title unmarketable; consequently, the appellate division's reversal was overruled and the Special Term's dismissal of the complaint was reinstated.