KIMCO OF NEW YORK, INC. v. DEVON


163 A.D.2d 573 (1990)

Kimco of New York, Inc., Appellant, v. Dwight Devon, Respondent

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

July 23, 1990


Ordered that the order is reversed insofar as appealed from, with costs, that branch of the plaintiff's motion which was for partial summary judgment is granted, and the matter is remitted to the Supreme Court, Nassau County, for a trial on the issue of damages and entry of an appropriate judgment directing the defendant to convey title to the subject real property to the plaintiff pursuant to the terms of the option dated September 9, 1975.

The plaintiff commenced...

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