Romaz Properties, Ltd. v. Hotchkin

In an action, inter alia, for specific performance of a contract for the sale of real property, the defendants appeal, as limited by their brief, from so much of an order of the County Court, Suffolk County (Weber, J.), dated July 18, 2005, as, after a nonjury trial, awarded the plaintiff specific performance of the contract.

Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law and the facts, and…