Appellate Division of the Supreme Court of New York, 2000

O'Keeffe v. Fava

Appellate Division of the Supreme Court of New York · Decided December 18, 2000

278 A.D.2d 393; 718 N.Y.S.2d 633; 2000 N.Y. App. Div. LEXIS 13188

Cases that cite this one

1 later published case cites this decision.

AAA Viza, Inc. v. Business Payment Systems, LLC (Appellate Division of the Supreme Court of New York 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action for specific *394performance 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).

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 NY2d 362). O’Brien, J. P., Krausman, Goldstein and Schmidt, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.