Pitter v. Gregory

OPINION OF THE COURT

Memorandum.

Ordered that the appeal by defendant Leonard M. Morrison from the order dated February 28, 2011 and so much of the appeal from the order dated September 22, 2011 as is from the portion thereof which denied defendant Leonard M. Morrison’s motion for summary judgment on his first counterclaim, are dismissed as moot; and it is further, ordered that the order dated September 22, 2011, insofar as reviewed, is affirmed, without costs.

Plaintiff Sybil Pitter had contracted with defendant Rory Gregory for the purchase of a cooperative apartment. Defendant Leonard M.…