Opinion
December 28, 1970
In an action for ejectment and to recover money damages resulting from the withholding of possession of the land in question, in which action an amended judgment has been entered directing, inter alia, that defendants convey the land to plaintiffs on condition that plaintiffs reimburse defendants $3,028 ( Berney v. Brodie, 31 A.D.2d 811, affd. 25 N.Y.2d 621), defendants appeal from an order of the Supreme Court, Dutchess County, dated April 14, 1970, and entered in Putnam County, which granted plaintiffs' motion to require the Sheriff of Putnam County to execute a deed to the property to plaintiffs in conformity to the amended judgment, pursuant to CPLR 5107. Order affirmed, with $10 costs and disbursements. No opinion. Munder, Acting P.J., Martuscello, Kleinfeld and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the order and to remit the motion to the Special Term for a hearing to determine the proper metes and bounds description to be inserted in a bargain and sale deed, with covenants against the grantors' acts, required to be delivered by defendants.