Akivis v. Brecher

OPINION OF THE COURT

Herbert Kramer, J.

An action was started against the sellers of real property for damages arising out of the sale in New York County, which was dismissed for failure to prosecute. A second action was then brought in New York County for similar relief which is still pending. Subsequently, the instant CPLR article 78 proceeding was instituted against the escrowees seeking an accounting and damages for failure of possession in broom-clean condition. In its previous decision, Matter of Akivis v Brecher (125 Misc 2d 582), this court limited relief to a direction to acknowledge…