The Acme Realty Company, Appellant v. Solomon Schinasi, Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division's judgment dismissing the plaintiff's action for specific performance and granting the defendant's counterclaim. The court held that the Appellate Division was authorized to make original findings that are conclusive, and that the vendor could not convey a marketable title because the building encroached on public streets, rendering specific performance unavailable.