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JOHN LATORA, res, v. VICTOR FERREIRA, ap

JOHN LATORA, res, v. VICTOR FERREIRA, ap — (INDEX NO. 20462/05) In an action, inter alia, for specific performance of a contract for the sale of real property, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated August 11, 2011, as granted that branch of the plaintiff's motion which was for leave to enter judgment upon a decision of the same court (Archer, Ct. Atty. Ref.), dated June 8, 2010, made after a nonjury trial, concluding that the plaintiff is entitled to specific performance.

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JOHN LATORA, res, v. VICTOR FERREIRA, ap — (INDEX NO. 20462/05) In an action, inter alia, for specific performance of a contract for the sale of real property, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated August 11, 2011, as granted that branch of the plaintiff’s motion which was for leave to enter judgment upon a decision of the same court (Archer, Ct. Atty. Ref.), dated June 8, 2010, made after a nonjury trial, concluding that the plaintiff is entitled to specific performance.

ORDERED that the order is reversed insofar as appealed from, on the law and the facts, with costs, that branch of the plaintiff’s motion which was for leave to enter judgment upon the decision dated June 8, 2010, is denied, the cause of action for specific performance is directed to be dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the second and third causes of action.

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