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Williams v. Dicks

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


February 10, 2009

DEBBIE WILLIAMS, ET AL., APPELLANTS,
v.
DORIS DICKS, ET AL., DEFENDANTS, MICHAEL DERIGGS, RESPONDENTS.

In a consolidated action, inter alia, for specific performance of a contract for the sale of real property, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated October 15, 2007, as granted that branch of the motion of the defendants Michael DeRiggs and Julie DeRiggs which was for summary judgment dismissing the amended complaint insofar as asserted against them.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

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

REINALDO E. RIVERA, J.P., HOWARD MILLER, EDWARD D. CARNI & WILLIAM E. McCARTHY, JJ.

(Index No. 15741/91)

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that there are no triable issues of fact (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324). Accordingly, that branch of the respondents' motion which was for summary judgment dismissing the amended complaint insofar as asserted against them was properly granted.

RIVERA, J.P., MILLER, CARNI and McCARTHY, JJ., concur.

20090210

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