Gurino v. Gabrielli

In an action for specific performance of a stipulation for delivery of a deed (action No. 1), and in an action by Frank Gabrielli for the return of the same deed to him (action No. 2), the defendant Frank Gabrielli appeals from an order of the Supreme Court, Queens County (Joy, J.), dated November 7, 1986, which granted the motion of the plaintiffs in action No. 1, Anthony Gurino and Noel Holding Corp., to compel delivery *137to them of the deed held in escrow by the defendant Freeman, Hyman & Diamond, P. C. (hereinafter Freeman), dismissed action No. 2, and which denied, as moot, the motion to…