Gold v. 29-15 Queens Plaza Realty, LLC

In an action, inter alia, for a judgment declaring that a real estate contract had been terminated and directing the return of the plaintiffs’ down payment plus interest or, in the alternative, to stay the closing until the defendant obtained a certificate of occupancy and cured various violations, the defendant appeals from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated June 14, 2006, which, in effect, denied its cross motion to dismiss the complaint and rescheduled the real estate closing.

Ordered that the order is affirmed, with costs.

The plaintiffs and the defendant…