This decision involved an action for a specific performance of a contract for the sale of real property. The plaintiffs appealed from a trial court order which, in so far as appealed from, granted those portions of the defendant’s motion pursuant to CPLR 3211(a)(5) to dismiss the first, third, fourth, and fifth causes of action and to cancel a notice of pendency. The Appellate Division (court) reversed and denied the defendant’s motion.
The complaint alleged that “A” owned a two-unit home in Brooklyn and that “A” lived in one unit and rented the other unit to the plaintiffs. Prior to “A’s” death, “A” and the plaintiffs “allegedly entered into an oral agreement whereby the plaintiffs would provide (“A”), who required substantial assistance with activities of daily living, with home care services for the duration of her lifetime. In exchange for such services, the plaintiffs allegedly were to receive an option to purchase the subject property from (“A’s”) estate for the agreed-upon price of $1.2 million.” It was undisputed that the plaintiffs provided “necessary care to (“A”) and maintained the property.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]