J.P.A. Realty, Inc. v. Citi Financial Mortgage Co.

—In an action to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Golia, J.), dated May 8, 2001, as, upon converting the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) into a motion for summary judgment dismissing the complaint, granted the motion.

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

The Supreme Court properly found that the plaintiff failed to accept the defendant’s offer to assign a mortgage and note in a timely fashion. By placing certain…