Hoskin v. New Grovetown Associates

OPINION OF THE COURT

Wilmer J. Patlow, J.

This action seeks cancellation of a contract for the sale of residential real property located in downtown Rochester, New York. Plaintiff alleges a variety of defects in title and in construction of the townhouse built by defendant for plaintiff on the property in question. In addition to cancellation of the contract, plaintiff seeks the return of his $16,000 deposit.

Defendant, in opposition, requests specific enforcement of the same agreement.

Plaintiff now moves for summary judgment based on only one of the many issues raised in his pleadings, namely,…