Hudson Valley Properties and Rentals, Inc. v. Ursuline Provincialate, Eastern Province of the United States, Inc.

—In an action, inter alia, to declare the validity of the cancellation of a contract for the sale of real property, and for a return of the down payment, the plaintiff Hudson Valley Properties and Rentals, Inc., appeals from an order and judgment (one paper) of the Supreme Court, Dutchess County (Jiudice, J.), dated May 18, 1994, which denied its motion for summary judgment and granted the defendants summary judgment.

Ordered that the order and judgment is reversed, on the law, with costs, the plaintiff’s motion is granted, and the matter is remitted to the Supreme Court, Dutchess County, for…