Macchia v. Drazba

—In an action to compel specific performance of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Nassau County (Schmidt, J.), entered December 15, 1995, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.

Since one of the defendant sellers named in the action died before he was able to be served with the summons and complaint, the court never acquired jurisdiction to determine a summary judgment motion on…