Suburban Housing Development & Research, Inc. v. Island Properties & Equities, LLC

In an action for specific performance and to declare the rights of the parties under a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated March 28, 2003, which denied its motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion and substituting *424therefor a provision denying the cross motion; as so modified, the order is affirmed, with costs to the…