Birnhak v. Vaccaro

In an action for specific performance of a contract for the sale of real property, the plaintiff vendees appeal from an order of the Supreme Court, Kings County, dated May 24, 1974, which (1) denied their motion for summary judgment and (2) granted defendant’s cross application for summary judgment. Order modified by deleting therefrom the second decretal paragraph thereof and inserting in its stead a provision denying defendant’s cross application. As so modified, order affirmed, without costs. Plaintiffs instituted this action to compel defendant to perform an alleged agreement to sell to…