DRT Construction Co. v. BH Associates

—Order insofar as appealed from unanimously reversed on the law with costs, motion granted and complaint against defendant Alan Rosenfeld dismissed. Memorandum: Supreme Court erred in denying the motion of Alan Rosenfeld (defendant) for summary judgment dismissing the complaint against him. The record establishes that defendant conveyed property to plaintiff DRT Construction Company, Inc. (DRT) by quitclaim deed and that DRT accepted that conveyance. Under those circumstances, “the terms of the contract concerning the nature and extent of the property conveyed merge into the deed and the…