Livoti v. Mallon

— Order, Supreme Court, Nassau County (Altimari, J.), entered March 4, 1982, adhering on reargument to an earlier order, entered February 3, 1982, which *900had granted defendant summary judgment dismissing this action, unanimously modified, on the law, with costs, defendant’s motion denied, and plaintiffs’ cross motion for summary judgment for the value of the use and occupancy of the premises granted, damages to be determined upon assessment in Supreme Court, Nassau County, and otherwise affirmed. Plaintiffs contracted to purchase certain Long Island residential realty from defendant. When…