93 A.D.2d 852 | N.Y. App. Div. | 1983
—- In an action by a contract vendee for, inter alia, specific performance of a contract for the purchase and sale of real property or, in the alternative, money damages, plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Orgéra, J.), dated July 23,1982, which, inter alia, (1) denied plaintiff’s motion for summary judgment and to dismiss defendants’ affirmative defenses, and (2) granted defendants’ cross motions for summary judgment dismissing the complaint. Judgment reversed, on the law, with $50 costs and disbursements, plaintiff’s motion granted to the extent that summary judgment is awarded against defendants Holley and Cestaro, and the affirmative defenses interposed by all the defendants are dismissed, plaintiff’s motion insofar as it seeks summary judgment against defendant Bunt is denied, defendants’ cross motions are denied and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings in accordance herewith. On August 18, 1981 defendant Raymond Holley entered into a contract to sell real property to the