Schrade v. CRDN Properties, Inc.

Appeal from that part of an order and judgment of the Supreme Court (Williams, J), entered June 18, 2003 in Saratoga County, which granted defendant’s motion for summary judgment dismissing the complaint.

The facts of this property dispute are set forth in our previous decision (303 AD2d 890 [2003]), wherein we upheld Supreme Court’s denial of a motion for summary judgment that was filed by defendant shortly after service of its answer. We noted the omissions in the proof that prevented summary judgment at that early juncture in the litigation. Thereafter, defendant obtained documents,…