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O'Keeffe v. Fava

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 393 (N.Y. App. Div. 2000)

Opinion

Submitted November 29, 2000.

December 19, 2000.

In an action for specific performance of a contract for the sale of real property, the defendants appeal from so much of an order of the Supreme Court, Westchester County (Scarpino, J.), entered December 9, 1999, as denied that branch of their motion which was to dismiss the complaint pursuant to CPLR 3211(a)(5).

Russo Galgano, White Plains, N.Y. (Louis J. Galgano III of counsel), for appellants.

O'Keeffe Lindgren, LLP, White Plains, N.Y. (Richard J. O'Keeffe, pro se, of counsel), for respondents.

Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The allegations in the complaint are sufficient to withstand a motion to dismiss the complaint pursuant to CPLR 3211(a)(5) (see, Cron v. Hargro Fabrics, 91 N.Y.2d 362).


Summaries of

O'Keeffe v. Fava

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 393 (N.Y. App. Div. 2000)
Case details for

O'Keeffe v. Fava

Case Details

Full title:RICHARD J. O'KEEFFE, ET AL., RESPONDENTS, v. ANTHONY FAVA, ET AL.…

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

Date published: Dec 19, 2000

Citations

278 A.D.2d 393 (N.Y. App. Div. 2000)
718 N.Y.S.2d 633

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