Opinion
Argued February 15, 1982
Decided March 23, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J.J. JONES, J.
John M. Armentano, Samuel S. Tripp and Edward I. Penson for appellant.
Jesse Rothman and Robert Kruger for respondent.
MEMORANDUM.
The order of the Appellate Division so far as appealed from should be affirmed, with costs, for the reasons stated in that court's memorandum decision. We add only that the Appellate Division did not exceed its powers when its order stated that "it is determined that Todem Homes, Inc., has the right to specific performance of the option agreement dated June 10, 1969". Although not an order granting specific performance in the earlier action, we take this "determination" as a necessary predicate to deciding the question of ownership of the property in dispute.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge MEYER taking no part.
Order, insofar as appealed from, affirmed, with costs, in a memorandum.