Kolvek v. Ferrucci

—Judgment and order unanimously reversed on the law with costs, motion denied and answer reinstated. Memorandum: In this action pursuant to RPAPL article 15 to determine competing claims to real property, plaintiffs claim title and the right to possession based on the alleged breach by Sando M. Ferrucci, Jr. (defendant) of an installment contract to purchase the property. Plaintiffs allege that defendant failed to pay taxes and obtain insurance on the property, as required by the contract. Following joinder of issue, plaintiffs moved to dismiss the affirmative defenses, which include lack of…