White v. Smith

—Motion by the respondents for reargument of an appeal from an order of the Supreme Court, Nassau County (Widlitz, J.), entered October 16, 1984, which was decided by decision and order of this court, both dated July 29, 1985 (White v Smith, 112 AD2d 418).

Motion granted and upon reargument, this court’s decision and order in the above-entitled cases both dated July 29, 1985, are recalled and vacated and the following decision is substituted therefor. The instant recall and vacatur is warranted since, on reargument, it has become apparent to this court that the action for specific performance…