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Bayberry Realties v. Eastern Baptist Assoc

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2003
1 A.D.3d 472 (N.Y. App. Div. 2003)

Opinion

2003-01954

Argued October 10, 2003.

November 17, 2003.

In an action, inter alia, to enforce the covenants and restrictions in a deed to certain property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated February 27, 2003, which denied its motion, among other things, to compel the escrow agent to transfer the deed to the subject premises from the defendant Eastern Baptist Association of New York, Inc., to the defendant First Church of God In Christ of Great Neck, New York, Inc.

Maxwell D. Weinstein, P.C., South Huntington, N.Y., for appellant.

Meyer, Suozzi, English Klein, P.C., Mineola, N.Y. (Robert N. Zausmer and Andrew Turro of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, BARRY A. COZIER, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court properly denied the plaintiff's motion.

We note that we have not considered the brief purportedly submitted on behalf of the defendant First Church of God In Christ of Great Neck, New York, Inc. ( see CPLR 321[a]).

KRAUSMAN, J.P., McGINITY, COZIER and RIVERA, JJ., concur.


Summaries of

Bayberry Realties v. Eastern Baptist Assoc

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2003
1 A.D.3d 472 (N.Y. App. Div. 2003)
Case details for

Bayberry Realties v. Eastern Baptist Assoc

Case Details

Full title:BAYBERRY REALTIES, a New York Partnership, appellant, v. EASTERN BAPTIST…

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

Date published: Nov 17, 2003

Citations

1 A.D.3d 472 (N.Y. App. Div. 2003)
767 N.Y.S.2d 275