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131 A.D.2d 662

Vitale v. Wuster

Appellate Division of the Supreme Court of the State of New York · decided 1987-06-15

Decided 1987-06-15

¶1In an action for specific performance of a contract for the sale of real property, the defendant appeals from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated April 8, 1986, which denied his motion for summary judgment dismissing the complaint.

¶2Ordered that the order is affirmed, without costs or disbursements.

¶3Summary judgment was properly denied. There are ques*663tions of fact to be determined at a trial. Weinstein, J. P., Rubin, Kooper and Sullivan, JJ., concur.

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