Suchin v. Frederick

In an action, inter alia, to compel specific performance of a contract for the sale of real property, the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Donovan, J.), dated July 11, 2002, which, upon the granting of the defendant’s motion pursuant to CPLR 4401 to dismiss the complaint for failure to make a prima facie case, made at the close of the plaintiffs’ evidence, dismissed the complaint.

Ordered that the judgment is reversed, on the law and facts, the motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester…