Order reversed, on the law and in the interest of justice, without costs or disbursements, motion granted, and the article 78 proceeding is converted into an action to compel specific performance of a contract.
The time within which plaintiff, heretofore the petitioner, may serve his complaint is extended until 20 days after entry of the order to be made hereon. Private contractual rights may not be resolved in CPLR article 78 proceedings seeking relief in the nature...
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