Tramontano v. Catalano

In an action for partition and sale of a two-family house owned by plaintiffs and defendants as tenants in common, in which the defendants interposed a counterclaim for specific performance of an agreement between the parties dated March 21, 1956, under which each party was given an option to purchase the house, the defendants appeal from an order of the Supreme Court, Kings County, entered September 30, 1964, which: (1) denied their motion for summary judgment; (2) granted plaintiffs’ cross motion for summary judgments; (3) in effect declared said agreement to be invalid and unenforcible;…