Order, insofar as appealed from, affirmed, with $10 costs and disbursements.
Although upon the pleadings alone it would appear that summary judgment dismissing the cause of action for specific performance might be proper (Saperstein v. Mechanics & Farmers Sav. Bank, 228 N.Y. 257; Holden v. Efficient Craftsman Corp., 234 N.Y. 437, 440), amendments prior to trial may rectify deficiencies when the affidavits indicate triable issues (Curry v. Mackenzie...
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