THOMAS v. GRAY

2020-01441. Index No. 29491/08.

218 A.D.3d 516 (2023)

193 N.Y.S.3d 91

2023 NY Slip Op 03722

Robert Thomas, Respondent, v. Rita Gray, Appellant.

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

Decided July 5, 2023.


Attorney(s) appearing for the Case

McLoughlin O'Hara Wagner & Kendall LLP, New York, NY ( Daniel M. O'Hara of counsel), for appellant.

Cuddy & Feder LLP, White Plains, NY ( Joshua E. Kimerling of counsel), for respondent.

Miller, J.P., Christopher, Warhit and Wan, JJ. concur.


In an action, inter alia, for specific performance of a lease and purchase option agreement therein, the defendant appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated September 12, 2019. The order, insofar as appealed from, denied those branches of the defendant's motion which were pursuant to CPLR 5015(a)(2) and (3) to vacate a second amended judgment of the same court (David I. Schmidt, J.) dated February 4, 2015, in favor of the plaintiff...

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