BALCO DEVELOPMENT CORP. v. PETERS


276 A.D.2d 729 (2000)

715 N.Y.S.2d 431

BALCO DEVELOPMENT CORP., Respondent, v. BONNIE S. PETERS, as Executor of ROBERT F. KEATING, Deceased, Appellant.

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

Decided October 30, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed, and the notice of pendency is vacated.

The plaintiff purchased real property from the defendant's decedent pursuant to a contract which, according to the plaintiff, also granted it an option to purchase an adjacent parcel. The plaintiff commenced this action seeking specific performance of the alleged option. The defendant moved to dismiss the complaint and...

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