Red Hook Marble, Inc. v Herskowitz & Rosenberg

2005 NY Slip Op 01338

Decided on February 22, 2005

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 22, 2005
APPELLATE DIVISION : SECOND JUDICIAL DEPARMENT
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
2003-05063






Abrams, Fensterman, Fensterman, Flowers & Eisman, Lake
Success, N.Y. (Howard Fensterman and Keith Singer of counsel), for
appellant.
Robert N. Swetnick, New York, N.Y. (Ronald J. Offenkrantz of
counsel), for respondent.

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.

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, AD3d [Appellate Division Docket No. 2004-00920, decided herewith]).
SANTUCCI, J.P., KRAUSMAN, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court