Sternlicht v. Ferrara

In an action, inter alia, for breach of a contract for the sale of real property, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated March 22, 2005, as denied those branches of her motion which were for summary judgment on the first and third causes of action in the complaint and to dismiss the defendants’ first counterclaim.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the particular circumstances of this case, a triable issue of fact exists as to whether the plaintiffs notice on…