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WHITE v. SMITH

117 A.D.2d 734 (1986)

Susan A. White et al., Appellants, v. Robert H. Smith et al., Respondents. (Matter No. 1.) Robert Smith et al., Respondents, v. Susan A. White et al., Appellants. (Matter No. 2.)

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

February 18, 1986

Motion granted and upon reargument, this court's decision and order in the above-entitled cases both dated July 29, 1985, are recalled and vacated and the following decision is substituted therefor. The instant recall and vacatur is warranted since, on reargument, it has become apparent to this court that the action for specific performance is not ready for trial.

"In an action, inter alia, for specific performance...

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