Palmieri v. Higgins

In an action, inter alia, for specific performance of a contract for the sale of real property and for a judgment declaring that the defendant’s purported cancellation of the contract was invalid, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Catterson, J.), entered January 22, 2002, which, upon the granting of the defendant’s motion, inter alia, to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), dismissed the complaint.

Ordered that the judgment is modified, on the law, by adding thereto a provision declaring that the defendant’s cancellation of the…