Order and judgment unanimously reversed, with costs, and motion denied.
Memorandum:
Paragraph 12 of the land contract sought to be enforced permits the vendor to extinguish the rights of the vendee only upon the obtaining of a final order in a summary dispossess proceeding. Since plaintiff as vendor under a land contract cannot maintain such a proceeding (see 16 Carmody-Wait 2d, New York Practice, § 98.5), we find nothing in the language of paragraph...
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