Arrigoni v. Consolidated Rail Corp.

— Order, Supreme Court, Bronx County (Barry Salman, J.), entered March 28, 1989, granting summary judgment to plaintiff Edward Arrigoni for specific performance and denying the cross motion by interpleaded defendant Metropolitan Transportation Authority (MTA), is unanimously modified on the law and facts, to deny plaintiff’s motion for summary judgment and to grant that portion of interpleaded defendant’s cross motion which sought a declaration of MTA’s preferential rights in the property and dismissal of the complaint and the interpleading complaint, and the matter is remanded for trial on…