Dagny Management Corp. v. Dolphin Development Corp.

Appeal from an order of the Supreme Court (Torraca, J.), entered January 12, 1987 in Sullivan County, which, inter alia, denied plaintiff’s motion to dismiss defendants’ counterclaims and certain affirmative defenses and granted that part of defendants’ cross motion to dismiss the complaint and vacate a lis pendens.

Plaintiff commenced this action against defendants seeking specific performance and damages for the alleged breach of an oral contract to sell real estate to plaintiff. Plaintiff’s theory was that the refusal to sell was motivated by racial discrimination and it brought suit under…