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BUFFALO SEMINARY v. McCARTHY

86 A.D.2d 435 (1982)

Buffalo Seminary, Respondent, v. Michael L. McCarthy et al., Defendants and Third-Party Plaintiffs-Appellants. Estate of Ruth L. Robb et al., Third-Party Defendants-Respondents

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

May 14, 1982

Attorney(s) appearing for the Case

Burd & McCarthy (Timothy A. McCarthy of counsel), for appellants.

Hodgson, Russ, Andrews, Woods & Goodyear (Jerrold S. Brown of counsel), for respondents.

SIMONS, J. P., DOERR and SCHNEPP, JJ., concur with HANCOCK, JR., J.; MOULE, J., dissents and votes to affirm on the opinion at Special Term, DENMAN, J.

HANCOCK, JR., J.

Plaintiff and defendants own contiguous parcels of land in Buffalo. Special Term has granted summary judgment to plaintiff directing specific performance of an option agreement giving it the right to buy a 20-foot strip along the southerly border of defendants' property (106 Misc.2d 707). Defendants voice several arguments on appeal, but the decisive question...

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