| Chester Green Estates, LLC v Arlington Chester, LLC |
| 2018 NY Slip Op 03658 [161 AD3d 1039] |
| May 23, 2018 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Chester Green Estates, LLC, Appellant, v Arlington Chester, LLC, et al., Respondents. (And a Third-Party Action.) |
Fabricant Lipman & Frishberg, PLLC, Goshen, NY (Alan S. Lipman of counsel), for appellant.
MacVean, Lewis, Sherwin & McDermott, P.C., Middletown, NY (Kevin F. Preston of counsel), for respondents.
In an action for specific performance of two contracts for the sale of real property and for a judgment declaring that the contracts are binding and enforceable, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Sandra B. Sciortino, J.), dated December 21, 2015, as denied that branch of its motion which was to vacate an order of the same court dated May 13, 2015, granting the defendants' application to dismiss the cause of action for specific performance and, in effect, for a declaration in their favor and directing the cancellation of the notice of pendency.
Ordered that the appeal is dismissed as academic, with costs to the plaintiff, in light of our determination on a related appeal from an order of the Supreme Court, Orange County, dated March 31, 2015 (see Chester Green Estates, LLC v Arlington Chester, LLC, 161 AD3d 1036 [2018] [decided herewith]). Dillon, J.P., Cohen, Connolly and Christopher, JJ., concur.