Mor v. Fastow

In an action for specific performance of an alleged agreement to transfer a deed to real property, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated August 22, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint and for summary judg*420ment on their counterclaim to cancel and discharge a mortgage dated December 6, 1991, encumbering the subject premises.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to dismiss the complaint, and substituting…