Opinion
2016–01448 Index No. 6965/14
05-23-2018
CHESTER GREEN ESTATES, LLC, appellant, v. ARLINGTON CHESTER, LLC, et al., respondents (and a third-Party action).
Fabricant Lipman & Frishberg, PLLC, Goshen, N.Y. (Alan S. Lipman of counsel), for appellant. MacVean, Lewis, Sherwin & McDermott, P.C., Middletown, N.Y. (Kevin F. Preston of counsel), for respondents.
Fabricant Lipman & Frishberg, PLLC, Goshen, N.Y. (Alan S. Lipman of counsel), for appellant.
MacVean, Lewis, Sherwin & McDermott, P.C., Middletown, N.Y. (Kevin F. Preston of counsel), for respondents.
MARK C. DILLON, J.P., JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDERIn an action for specific performance of two contracts for the sale of real property and for a judgment declaring that the contracts are binding and enforceable, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Sandra B. Sciortino, J.), dated December 21, 2015, as denied that branch of its motion which was to vacate an order of the same court dated May 13, 2015, granting the defendants' application to dismiss the cause of action for specific performance and, in effect, for a declaration in their favor and directing the cancellation of the notice of pendency.
ORDERED that the appeal is dismissed as academic, with costs to the plaintiff, in light of our determination on a related appeal from an order of the Supreme Court, Orange County, dated March 31, 2015 (see Chester Green Estates, LLC v. Arlington Chester, LLC, 161 A.D.3d 1036, ––– N.Y.S.3d –––– [Appellate Division Docket No. 2015–07222, 2018 WL 2325928 ; decided herewith] ).
DILLON, J.P., COHEN, CONNOLLY and CHRISTOPHER, JJ., concur.