Holiday Investors Corp. v. M. Breger & Co.

In an action to compel specific performance of a contract to sell real property, defendant appeals from (1) an order of the Supreme Court, Queens County (Lerner, J.), entered December 7, 1984, which denied its motion (a) to vacate plaintiffs note of issue, (b) to permit defendant to interpose an answer and counterclaim, and (c) to vacate and annul a lis pendens filed against the subject property on or about April 15, 1983, and (2) so much of a further order of the same court, entered January 14, 1985, as, upon reargument, adhered to its original determination.

Appeal from the order entered…