Cider Mill Friends of Open Space & Historic Preservation, Inc. v. Cider Mill Development, LLC

In an action for specific performance of a contract for the sale of real property and to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated August 18, 2004, which denied its motion for summary judgment on the complaint and granted the defendants’ cross motion for summary judgment dismissing the complaint and vacating the notice of pendency.

Ordered that the order is modified, on the law, by deleting the *601provision thereof granting the cross motion and substituting therefor a provision denying the cross motion; as…