Bailey v. Morgan

Appeal from an interlocutory judgment of the Supreme Court in favor of plaintiffs, entered May 19, 1980 in Washington County, upon a decision of the court at a Trial Term, without a jury. This action seeks specific performance of an alleged contract for the sale of real property, or, in the alternative, damages for the breach thereof. The underlying facts and circumstances were set forth in a prior decision of this court in affirming the denial of a motion by defendant for summary judgment (65 AD2d 885). At the ensuing trial on the issue of liability, sharp issues of fact were developed and…