GRACE v. NAPPA


62 A.D.2d 598 (1978)

Oliver R. Grace, Respondent, v. Michael C. Nappa, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 29, 1978


Attorney(s) appearing for the Case

Farrell, Fritz, Caemmerer & Cleary, P. C. (John M. Armentano and Samuel S. Tripp of counsel), for appellant.

Irving Bizar for respondent.

HOPKINS, J. P., and O'CONNOR, J., concur with SHAPIRO, J.; GULOTTA, J., dissents and votes to affirm the judgment, with an opinion, in which COHALAN, J., concurs.


SHAPIRO, J.

The judgment in favor of the plaintiff should be reversed, his complaint should be dismissed and the action should be remanded for a trial on the counterclaim of defendant-appellant Nappa for specific performance or, in the alternative, for money damages.

On a prior appeal (Grace v Nappa, 48 A.D.2d 922) we reversed a grant of summary judgment to plaintiff...

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