DiBartolo v. Battery Place Associates

*475Order, Supreme Court, New York County (Paul G. Feinman, J.), entered October 4, 2010, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant the motion as to the first cause of action for specific performance, and otherwise affirmed, without costs.

Plaintiffs Cynthia DiBartolo and John E. Purpura entered into a contract for the purchase of a condominium unit from defendant Battery Place Associates, now doing business as Battery Place Associates LLC (BPA). In connection therewith, plaintiffs made a…