Coolidge Equities Ltd. v. Falls Court Properties Co.

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered February 28, 2006. The order, inter alia, determined that plaintiff was in default on a contract of sale, awarded defendant the deposit held in escrow, vacated the notice of pendency filed by plaintiff, and dismissed the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion, vacating the second and fifth ordering paragraphs and reinstating the notice of pendency and the complaint and as modified the order is…