Appellate Division of the Supreme Court of the State of New York December 30, 2002 (Buettner v. McCray)

—In an action for specific performance of a contract to sell real property, or alternatively, to recover damages for breach of contract, the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Costello, J.), entered February 4, 2002, as granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.