Averill Park Golf & Country Club, Inc. v. Burden Lake Holding Corp.

— Appeal from an order of the Supreme Court, entered February 27, 1975 in Rensselaer County, upon dismissal of the complaint by the court at a Trial Term. On July 19, 1973 one Paul Weiss entered into an agreement with the defendant involving the sale of defendant’s property. The agreement was in the nature of an option to purchase said property for which Weiss paid $1,000, and which could be exercised within 45 days. On July 30, 1973 Weiss purportedly assigned this option to the plaintiff, although plaintiff was not then incorporated and did *650not file a certificate of incorporation until…