Lawler v. Clinton Street Development Properties, Inc.

Order unanimously affirmed, without costs. Memorandum: Plaintiff appeals from an order dismissing his complaint on the authority of Lawler v Clinton St. Dev. Props. (63 AD2d 827), the decision affirming dismissal of a prior complaint between the same parties. The prior complaint in a declaratory judgment action sought a declaration that the contract was in full force and effect, an order enjoining the defendants from selling, leasing or otherwise *966disposing of the property, and specific performance of the contract. In affirming, we stated (pp 827-828) that: "There was no showing of any…