Red Hook Marble v. Herskowitz Rosenberg

Full title: RED HOOK MARBLE, INC., Respondent, v. HERSKOWITZ ROSENBERG, Appellant

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

Date published: Feb 22, 2005

15 A.D.3d 560 (N.Y. App. Div. 2005)

789 N.Y.S.2d 689

Opinion

2003-05063.

February 22, 2005.

In an action, inter alia, for a judgment declaring the rights and obligations of the parties relating to the plaintiff's option to purchase certain real property from the defendant, the defendant appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated May 16, 2003, which granted the plaintiff's motion for an extension of time in which to exercise the option and denied the defendant's cross motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Before: Santucci, J.P., Krausman, Mastro and Skelos, JJ., concur.

Ordered that the appeal from the order is dismissed as academic, without costs or disbursements, in light of our determination of the related appeal from an order of the same court dated November 14, 2003 ( see Red Hook Marble v. Herskowitz Rosenberg, 15 AD3d 560 [decided herewith]).