Pecorella v. Greater Buffalo Press, Inc.

Order unanimously reversed, with costs, plaintiffs’ motion granted and matter remitted to Supreme Court, Orleans County, for further proceedings in accordance with the following memorandum: Plaintiffs appeal from an order which denied their motion for summary judgment in an action brought to compel defendants to perform pursuant to a written contract whereby the plaintiffs agreed to sell and defendants agreed to purchase certain real property situate in the town of Albion. In denying the motion, Special Term indicated that there existed material issues of fact precluding the granting of…