Pank v. 2734 Washington Avenue Realty Corp.

Appeal from an order of the Supreme Court (Best, J.), entered January 12, 2001 in Montgomery County, which denied defendant’s motion for summary judgment dismissing the complaint.

In June 2000, plaintiff submitted a written purchase offer for certain real property owned by defendant. Despite plaintiffs proposal, defendant accepted an offer tendered by a third party, Sumner of New York, Inc. Plaintiff then commenced this action seeking specific performance of a purportedly binding purchase agreement with defendant, as well as a judgment declaring defendant’s contract with Sumner to be null and…