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344 ROCKAWAY PARKWAY INV. GROUP, LLC v. ESTATE OF COLON

2020-07409. Index No. 700363/19.

219 A.D.3d 1388 (2023)

196 N.Y.S.3d 138

2023 NY Slip Op 04644

344 Rockaway Parkway Investor Group, LLC, Appellant, v. Estate of Nedia Colon, Deceased, Respondent.

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

Decided September 20, 2023.

Attorney(s) appearing for the Case

Lehrman & Maseng, PLLC, Brooklyn, NY (Michael A. Lehrman of counsel), for appellant.

Hegge & Confusione, LLC, New York, NY (Michael Confusione of counsel), for respondent.

Dillon, J.P., Miller, Wooten and Taylor, JJ., concur.

In an action, inter alia, for specific performance of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Queens County (Chereé A. Buggs, J.), entered August 26, 2020. The order, insofar as appealed from, after a hearing, granted those branches of the defendant's motion which were pursuant to CPLR 3211(a)(1) to dismiss the complaint and, in effect, for a determination that the subject contract of sale failed to comply with...

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