HOLLY v. MORGAN


2 A.D.3d 1170 (2003)

768 N.Y.S.2d 709

ALBERT F. HOLLY et al., Respondents, v. BETTY S. MORGAN, Appellant.

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

December 24, 2003.


Mugglin, J.

In this RPAPL article 7 proceeding, plaintiffs seek to evict defendant and terminate an option to purchase. Defendant moved, pursuant to CPLR 3211 (a) (7), for dismissal of the complaint and plaintiffs cross-moved for summary judgment seeking, among other things, dismissal of defendant's affirmative defenses and counterclaim. Supreme Court granted plaintiffs' cross motion to this extent, and defendant appeals.

The proponent of a motion for summary...

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