Zilinski v. Graziano

In an action, inter alia, for specific performance of a contract for the sale of real property, the plaintiffs appeal from a judgment of the Supreme Court, Richmond County (Vitaliano, J.), dated December 16, 2004, which, upon an order of the same court dated October 28, 2004, inter alia, denying their motion for summary judgment and, upon searching the record, awarding summary judgment to the defendants dismissing the complaint and directing the return of the contract deposit to the plaintiffs and a trial before a judicial hearing officer on the issue of the plaintiffs’ title and survey…