Chernow v. Chernow

In an action, inter alia, for specific performance of a contract for the sale of real property, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated October 3, 2005, as denied his motion for leave to amend his answer to assert various counterclaims and granted that branch of the plaintiffs renewed motion which was for summary judgment on the first cause of action for specific performance.

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof granting that…