Bronx-Lebanon Hospital Center v. Mount Eden Center

Order of the Supreme Court, Bronx County (Harold Tompkins, J.), entered on or about April 14, 1989, which treated defendant’s motion to dismiss the complaint for failure to state a cause of action as a motion for summary judgment, denied the motion and also denied defendant’s motion to cancel the notice of pendency, is unanimously affirmed, with costs and disbursements.

Defendant contracted to sell to plaintiff certain real property located in the Bronx. Simultaneously, the parties entered into an agreement authorizing plaintiff to occupy the premises until the date of closing. However, no…