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Hoo Corp. v. 109 Graham Avenue Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2000
272 A.D.2d 377 (N.Y. App. Div. 2000)

Opinion

Submitted March 22, 2000.

May 8, 2000.

In an action to compel specific performance of a contract for the sale of real property, the defendant appeals from an order of the Supreme Court, Kings County (Belen, J.), dated May 6, 1999, which granted the plaintiff's motion for summary judgment.

Falcone, Houdek, Bailey Curd, LLP, Hempstead, N.Y. (Leonard J. Falcone of counsel), for appellant.

Gitomer, Schwimmer, Berns Elliot, Forest Hills, N.Y. (Warren S. Hecht of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court did not err in awarding the plaintiff relief which, although not demanded in its complaint, was requested in its motion and was appropriate in light of the proof submitted (see, CPLR 3017[a]).

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.

ALTMAN, J.P., FRIEDMANN, McGINITY and SMITH, JJ., concur.


Summaries of

Hoo Corp. v. 109 Graham Avenue Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2000
272 A.D.2d 377 (N.Y. App. Div. 2000)
Case details for

Hoo Corp. v. 109 Graham Avenue Corp.

Case Details

Full title:HOO CORP., RESPONDENT, v. 109 GRAHAM AVENUE CORP., APPELLANT

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

Date published: May 8, 2000

Citations

272 A.D.2d 377 (N.Y. App. Div. 2000)
707 N.Y.S.2d 365

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