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SHARPER PROPERTIES ENTERPRISES, INC. v. HUBBARD SAND & GRAVEL, INC.

12 A.D.3d 494 (2004)

785 N.Y.S.2d 89

SHARPER PROPERTIES ENTERPRISES, INC., Respondent-Appellant, v. HUBBARD SAND & GRAVEL, INC., et al., Appellants-Respondents.

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

November 15, 2004.

Ordered that the order dated April 10, 2003, is affirmed; and it is further,

Ordered that the order dated July 30, 2003, is affirmed; and it is further;

Ordered that the plaintiff is awarded one bill of costs.

Contrary to the defendants' contention, the Supreme Court correctly denied their cross motion for summary judgment dismissing the third cause of action for specific performance of an option to purchase real property and, upon renewal, granted...

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