Duane Sales, Inc. v. Carmel

—Appeal (1) from an order of the Supreme Court at Special Term, entered October 27, 1976, which granted plaintiffs motion for summary judgment, and (2) from the judgment entered thereon. This action to compel specific performance of an option agreement for the purchase and sale of real property was before this court on a prior occasion. In reversing Special Term we concluded that, as a matter of law, plaintiffs complaint stated a cause of action for specific performance of the option agreement; that upon the record then before the court the matter should be considered by Special Term for…