Bayberry Realties v Eastern Baptist Assn. of N.Y. (2003 NY Slip Op 18424)

Bayberry Realties v Eastern Baptist Assn. of N.Y.

2003 NY Slip Op 18424 [1 AD3d 472]

November 17, 2003

Appellate Division, Second Department

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

As corrected through Wednesday, January 28, 2004

Bayberry Realties, a New York Partnership, Appellant,
v
Eastern Baptist Association of New York, Inc., Respondent, et al., Defendant.

—In an action, inter alia, to enforce the covenants and restrictions in a deed to certain property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated February 27, 2003, which denied its motion, among other things, to compel the escrow agent to transfer the deed to the subject premises from the defendant Eastern Baptist Association of New York, Inc., to the defendant First Church of God In Christ of Great Neck, New York, Inc.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court properly denied the plaintiff's motion.

We note that we have not considered the brief purportedly submitted on behalf of the defendant First Church of God In Christ of Great Neck, New York, Inc. (see CPLR 321 [a]). Krausman, J.P., McGinity, Cozier and Rivera, JJ., concur.