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Barlia v. Murcott Realty

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 2007
41 A.D.3d 752 (N.Y. App. Div. 2007)

Opinion

No. 2006-08284.

June 26, 2007.

In an action, inter alia, for specific performance of an option agreement for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Queens County (Dorsa, J.), entered August 24, 2006, which, among other things, denied his motion, in effect, for summary judgment on the complaint and granted the defendant's cross motion, inter alia, for summary judgment dismissing the complaint.

Anthony M. Dattoma, Maspeth, N.Y., for appellant.

Edward I. Sussman, New York, N.Y., for respondent.

Before: Mastro, J.P., Dillon, Covello and Dickerson, JJ.


Ordered that the order is affirmed, with costs.

On its cross motion, inter alia, for summary judgment dismissing the complaint, the defendant made a prima facie showing of its entitlement to judgment as a matter of law ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324). The defendant established that the: granting of an easement was an essential term of the alleged agreement. Since the parties never agreed to the nature and extent of the easement, the alleged agreement was unenforceable ( see Joseph Martin, Jr., Delicatessen v Schumacher, 52 NY2d 105, 109; Red Hook Marble, Inc. v Herskowitz Rosenberg, 15 AD3d 560, 561; Danton Constr. Corp. v Bonner, 173 AD2d 759, 759-760). Since, in response, the plaintiff failed to raise a triable issue of fact, the court correctly granted the defendant's cross motion ( see Alvarez v Prospect Hosp., supra at 324).

The plaintiff's remaining contention is without merit.


Summaries of

Barlia v. Murcott Realty

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 2007
41 A.D.3d 752 (N.Y. App. Div. 2007)
Case details for

Barlia v. Murcott Realty

Case Details

Full title:JASON BARLIA, Appellant, v. MURCOTT REALTY CORP., Respondent

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

Date published: Jun 26, 2007

Citations

41 A.D.3d 752 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 5669
839 N.Y.S.2d 200

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