Louis Bonavita & Sons, Inc. v. Quarry

In an action for specific performance of a contract to convey real property, the defendant appeals from an order of the Supreme Court, Suffolk County (Stark, J.), dated February 6, 1985, which denied her motion for summary judgment.

Ordered that the order is reversed, on the law, without costs or disbursements, the defendant’s motion for summary judgment is granted, and the complaint is dismissed.

By contract dated July 11, 1983, the defendant agreed to convey a portion of certain land owned by her to the plaintiff. The contract of sale provided that defendant would have the right to cancel the…