Slezak v. Stewart's Shops Corp.

McCarthy, J.P.

Appeal from an order of the Supreme Court (J. Sise, J.), entered October 28, 2014 in Montgomery County, which denied defendant’s motion to dismiss the complaint.

Plaintiffs commenced this action seeking rescission in connection with their sale of two parcels of real property to defendant. The terms of the sale were set forth in two agreements between the parties, an option agreement and an escrow agreement, both of which contained provisions related to holding funds in relationship to a potential need for environmental remediation of the real property. Defendant moved to dismiss…