ISLAM v. 495 McDONALD AVENUE, LLC

2021-08676. Index No. 524897/19.

216 A.D.3d 751 (2023)

188 N.Y.S.3d 632

2023 NY Slip Op 02501

Mohammed M. Islam, Respondent, v. 495 McDonald Avenue, LLC, et al., Appellants.

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

Decided May 10, 2023.


Attorney(s) appearing for the Case

Alter & Barbaro, Brooklyn, NY ( Do K. Lee and Bernard Mitchell Alter of counsel), for appellants.

Domenick Napoletano , Brooklyn, NY, for respondent.

Connolly, J.P., Miller, Zayas and Dowling, JJ., concur.


In an action, inter alia, for specific performance of a contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated September 30, 2021. The order denied the defendants' motion pursuant to CPLR 3211(a)(5) to dismiss the amended complaint as time-barred and to cancel a notice of pendency filed against the subject property.

Ordered that the order is reversed, on the law, with costs, and...

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