Red Hook Marble, Inc. v. Herskowitz & Rosenberg

In an action, inter alia, for a judgment declaring the rights and obligations of the parties relating to the plaintiffs option to purchase certain real property from the defendant, the plaintiff appeals from an order of the Supreme Court, Kings County *561(Ruchelsman, J.), dated November 14, 2003, which, in effect, denied its motion, among other things, to fix and determine the terms of the mortgage in connection with the exercise of the option, and granted the defendant’s cross motion for summary judgment.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme…