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RECKESS v. GOLDMAN

12 A.D.3d 658 (2004)

784 N.Y.S.2d 879

AZZY RECKESS, Appellant, v. JANE H. GOLDMAN et al., Respondents.

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

November 29, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, the complaint and the notice of pendency are reinstated, and upon searching the record, summary judgment is granted to the plaintiff for specific performance of the contract of sale.

The defendants failed to establish their entitlement to summary judgment dismissing the complaint by demonstrating the absence of a triable...

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