Goldport Properties, L.P. v. Taylor

—In an action, inter alia, for specific performance of a contract to sell real property, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Barasch, J.), dated April 23, 1999, which, upon an order of the same court dated March 25, 1999, granting the defendant’s motion pursuant to CPLR 3211 to dismiss the action, is in favor of the defendant and against it, dismissing the complaint and cancelling the notice of pendency.

Ordered that the judgment is affirmed, with costs.

The record supports the determination of the Supreme Court *762that the defendant properly exercised his…