Lacarrubba v. Naclerio

In an action, inter alia, to recover damages for breach of contract and fraud, the plaintiffs appeal from so much of an order of the Supreme Court, Rockland County (Sherwood, J.), entered March 21, 2002, as, upon granting that branch of their motion which was for a preliminary injunction, directed the conveyance of title to two parcels of real property to a certain partnership pursuant to a form of deed that contained a provision that the conveyances were “subject to and assuming” two certain mortgages.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable…