Appellate Division of the Supreme Court of the State of New York May 15, 1978 (Meyerdierks v. Orange County Motors, Inc.)

In a consolidated proceeding and action, the proceeding, inter alia, seeking to recover possession of certain real property and the action, inter alia, seeking specific performance of an option to purchase real property, the appeal is from an order of the Supreme Court, Orange County, dated August 5, 1977, which (1) denied the plaintiffs motion for summary judgment in the action, (2) in effect,