Gulotta v. Ippolito

In an action, inter alia, for specific performance of a contract for the sale of real property, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Gigante, J.), dated August 22, 2001, which denied their motion for summary judgment on the issue of liability and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly denied the plaintiffs’ motion for summary judgment, as they failed to meet their burden of establishing prima facie…