Felipe v. 2820 West 36th Street Realty Corp.

In an action for specific performance of a contract for the sale of real property, the plaintiffs appeal from an order of the Supreme Court, Kings County (M. Garson, J.), dated July 1, 2003, which, inter alia, granted the defendant’s motion pursuant to CPLR 3126 to dismiss the complaint and to vacate the notice of pendency against the subject premises, and denied their cross motion for summary judgment.

Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof granting the motion to dismiss the complaint and to vacate the notice of…