Wilkinson v. Hoelscher

Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff vendees appeal from an order granting the motion of defendant vendor for summary judgment dismissing the complaint in plaintiffs’ action for specific performance of a contract for the sale of real property. Although both parties assert that they are entitled to summary judgment, we hold that neither party is entitled to summary judgment on this sparse record.

Defendant offered no competent proof in support of his motion, nor can summary judgment be upheld on the basis of his legal…