
    Rose R. Garcia, Respondent, v. Pilot Building Corporation, Appellant.
    (Argued April 8, 1925;
    decided May 5, 1925.)
    
      Contract —- real property —■ title — action to recover deposit on contract to purchase real property — breach of covenant running with land — unmarketable title.
    
    
      Garcia v. Pilot Building Corpn., 209 App. Div. 903, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 25, 1924, unanimously affirming a "judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was to recover a deposit paid on a contract to purchase real property together with expenses on the ground that the building on the premises had been erected in violation of a covenant running with the land and that, therefore, the title was unmarketable. The answer set up a counterclaim for specific performance.
    
      Frank E. Johnson and Abraham I. Stark for appellant.
    
      George W. Matheson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, McLaughlin, Crane, Andrews and Lehman, JJ. Absent: Pound, J.  