Wilkinson v. Hoelscher

1.)—Order Order unanimously reversed on the law with costs, motion denied and complaint dismissed. Memorandum: In this action for specific enforcement of a contract for the sale of real property, defendant appeals from two orders of Supreme Court. The first granted plaintiffs summary judgment entitling them to specific performance of the contract. The second denied defendant’s motion for reargument and renewal of the motion for summary judgment, and granted plaintiffs’ request to be put in possession of the subject premises. We reverse the first order and grant defendant summary judgment…