Narrative Opinion Summary
The Supreme Court of Bronx County issued an order on July 18, 1995, denying the defendants' motion for summary judgment aimed at dismissing the plaintiff's cause of action for specific performance. The appellate court unanimously affirmed this decision without costs. The court concurred with the IAS Court's findings that factual issues, previously identified during the defendants' earlier summary judgment motion, remained unresolved despite the defendants scheduling a closing date earlier than stipulated in the contract. Judges Rosenberger, Rubin, Kupferman, Asch, and Williams all concurred in this decision.
Legal Issues Addressed
Denial of Summary Judgmentsubscribe to see similar legal issues
Application: The appellate court affirmed the denial of the defendants' motion for summary judgment, indicating that unresolved factual issues precluded dismissal of the plaintiff's cause of action for specific performance.
Reasoning: The Supreme Court of Bronx County issued an order on July 18, 1995, denying the defendants' motion for summary judgment aimed at dismissing the plaintiff's cause of action for specific performance.
Unresolved Factual Issuessubscribe to see similar legal issues
Application: The court found that factual issues identified in an earlier summary judgment motion remained unresolved, which warranted denying the motion for summary judgment despite the defendants' actions.
Reasoning: The court concurred with the IAS Court's findings that factual issues, previously identified during the defendants' earlier summary judgment motion, remained unresolved despite the defendants scheduling a closing date earlier than stipulated in the contract.