| Gold v 29-15 Queens Plaza Realty, LLC |
| 2007 NY Slip Op 06632 [43 AD3d 866] |
| September 11, 2007 |
| Appellate Division, Second Department |
| Moishe Gold et al., Respondents, v 29-15 Queens PlazaRealty, LLC, Appellant. |
—[*1] Jaroslawicz & Jaros, New York, N.Y. (Robert J. Tolchin of counsel), forrespondents.
In an action, inter alia, for a judgment declaring that a real estate contract had beenterminated and directing the return of the plaintiffs' down payment plus interest or, in thealternative, to stay the closing until the defendant obtained a certificate of occupancy and curedvarious violations, the defendant appeals from an order of the Supreme Court, Kings County(Hinds-Radix, J.), dated June 14, 2006, which, in effect, denied its cross motion to dismiss thecomplaint and rescheduled the real estate closing.
Ordered that the order is affirmed, with costs.
The plaintiffs and the defendant entered into a contract whereby the plaintiffs agreed topurchase commercial real property from the defendant. When the closing did not occur on thescheduled closing date, the plaintiffs commenced this action alleging that, in violation of thecontract's requirements, the property did not have a valid certificate of occupancy and that therewere numerous violations on the property. In particular, the plaintiffs sought, inter alia, ajudgment declaring that the contract had been terminated and directing the return of their downpayment plus interest or, in the alternative, to stay the closing until the defendant obtained acertificate of occupancy and cured various violations.
Contrary to the defendant's contention, the plaintiffs were entitled to plead alternative [*2]and inconsistent causes of action and to seek alternative forms ofrelief (see CPLR 3014, 3017; Pickering v State of New York, 30 AD3d 393, 394 [2006];Collins v Telcoa Intl. Corp., 283 AD2d 128, 131 [2001]). Thus, the Supreme Courtproperly, in effect, denied the defendant's cross motion to dismiss the complaint.
The defendant's remaining contentions are without merit. Rivera, J.P., Dillon, Angiolillo andDickerson, JJ., concur.