Bosco, Bisignano & Mascolo, Esqs., LLP v. Turyan

In an action for specific performance of a contract for the sale of real property, the plaintiff appeals from (1) an order of the Supreme Court, Richmond County (Gigante, J.), dated September 17, 2003, which granted that branch of the defendant’s motion which was to permit discovery after the note of issue was filed, and (2) an order of the same court (Maltese, J.), dated October 20, 2003, which denied its motion for summary judgment.

Ordered that the appeal from the order dated September 17, 2003, is dismissed as academic; and it is further,

Ordered that the order dated October 20, 2003, is…