Miller v. Duffy

—In an action for specific performance of an option to purchase a cooperative apartment, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Jackson, J.), dated December 22, 1999, as denied that branch of their motion which was to restore the action.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs’ motion which was to restore the action is granted, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

When the…