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Kok Chai Lee v Robertson, 2024 NY Slip Op 05966 [232 AD3d 869]

November 27, 2024

Appellate Division, Second Department

[*1]

Kok Chai Lee et al., Respondents,

v

Allison A. Robertson et al., Appellants.

Bruce S. Reznick, P.C. (Thomas Torto, New York, NY [Jason Levine], of counsel), for appellants.

Coffey Modica LLP, New York, NY (Paul Golden of counsel), for respondents.

In an action, inter alia, for specific performance of a contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Kings County (Wayne Saitta, J.), dated September 7, 2022. The order granted that branch of the plaintiffs’ motion which was to set a date for the closing of title on the subject real property and directed that the closing shall take place on December 7, 2022. By decision and order on motion dated October 11, 2023, this Court granted the defendants’ motion to stay enforcement of the order pending the hearing and determination of the appeal.

Ordered that the order is reversed, on the law, with costs, and that branch of the plaintiffs’ motion which was to set a date for the closing of title on the subject real property is denied.

Certain facts relevant to this case are set forth in our decision and order on a related appeal ( see Kok Chai Lee v Robertson , 232 AD3d 867 [2024] [decided herewith]).

The plaintiffs moved, inter alia, to set a date for the closing of title on the subject real property in this action, among other things, for specific performance. In an order dated September 7, 2022, the Supreme Court granted that branch of the motion and directed that the closing shall take place on December 7, 2022. The defendants appeal.

In light of our determination on the related appeal that the Supreme Court should have denied that branch of the plaintiffs’ cross-motion which was for summary judgment on the cause of action for specific performance ( see Kok Chai Lee v Robertson , 232 AD3d 867), we reverse the order and deny that branch of the plaintiffs’ motion which was to set a date for the closing of title on the subject real property. Brathwaite Nelson, J.P., Christopher, Wooten and Dowling, JJ., concur..