Torre v. Mountcastle

— Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered October 15,1981 in Ulster County, which granted plaintiffs’ motion to remove and consolidate. On May 4,1981, Thomas Mountcastle entered into a contract to sell real property to Salvatore La Torre and Dorothy La Torre. Although the contract scheduled a closing for May 21; *7251981, no closing occurred on that date. Thereafter, on May 29,1981, the parties entered into an agreement whereby temporary possession of the property in question was given to the La Torres. The temporary “occupancy agreement” required the…