Opinion
2001-05354
Submitted February 8, 2002.
March 25, 2002.
In an action, inter alia, for specific performance of a contract to sell real property, the defendant appeals from a judgment of the Supreme Court, Nassau County (Joseph, J.), entered June 21, 2000, which, upon an order of the same court, dated April 18, 2000, granting the plaintiff's motion for summary judgment and denying the defendant's cross motion for summary judgment, directed specific performance of the contract of sale.
Paul L. Wershals, Great Neck, N.Y. (Bernard Bronner of counsel), for appellant.
Ochoa Sebag, P.C., Long Island City, N.Y. (Enrique A. Ochoa of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, ANITA R. FLORIO, and WILLIAM D. FRIEDMANN, JJ.
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly found that the binder in question sufficiently set forth the essential terms so as to constitute an enforceable agreement (see General Obligations Law § 5-703; Century 21 Volpe Realty v. Jhong Kim, 231 A.D.2d 667; O'Brien v. West, 199 A.D.2d 369, 370; Birnhak v. Vaccaro, 47 A.D.2d 915, 916).
The defendant's remaining contentions are without merit (cf. Checkla v. Stone Meadow Homes, 280 A.D.2d 510; O'Brien v. West, supra, at 370).
PRUDENTI, P.J., SANTUCCI, FLORIO and FRIEDMANN, JJ., concur.