Costa v. Breslow

OPINION OF THE COURT

Daniel F. Luciano, J.

Motion by the defendants Harold Breslow and Beatrice Breslow to dismiss the plaintiff’s complaint is denied.

This is a motion to dismiss the plaintiff’s complaint pursuant to CPLR 3211 (subd [a], pars 1, 7) or, in the alternative, for summary judgment pursuant to CPLR 3212.

The plaintiff and his wife, since deceased, purchased a condominium from the defendants Harold Breslow and Beatrice Breslow and acquired title thereto pursuant to a deed dated February 24, 1978.

Prior to that transfer, in September, 1977, the County of Suffolk filed a notice of…