Donald v. Barbato
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for specific performance of a contract for the sale of real property, the defendants appeal from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated July 27, 2005, as denied their cross motion for summary judgment on their second counterclaim to declare the parties’ contract null and void and to dismiss the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants made a prima facie showing of their entitlement to judgment as a matter of law on their second counterclaim by relying upon the language of a…
2Cases cited7 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- Gresser v. PrinciAppellate Division of the Supreme Court of the State of New York · 1987
- Kistela v. AhlersAppellate Division of the Supreme Court of the State of New York · 2005
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