Opinion
April 11, 1988
Appeal from the Supreme Court, Westchester County (Gurahian, J.).
Ordered that the order is affirmed, without costs or disbursements.
We agree with the court's holding that the subject agreement could not be specifically enforced as the boards of directors of the defendants had not approved the sale of the real property. Accordingly, the cause of action for specific performance was properly dismissed.
As to the plaintiff's alternative causes of action to recover damages, the court correctly limited the recovery, pursuant to the agreement, to the refund of the option payments and the net costs of examining the title and of any survey.
Furthermore, summary judgment dismissing the defendants' counterclaim sounding in malicious prosecution and/or tortious interference with contract was also properly granted. Mollen, P.J., Thompson, Lawrence and Weinstein, JJ., concur.