Kozak v. Porada
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Appeal from an order of the Supreme Court (Dowd, J.), entered April 6, 2016 in Chenango County, which, among other things, granted defendant Brian Gallagher’s motion to dismiss the complaint against him.
In 1968, plaintiff James Kozak, Lawrence Porada and three other individuals (hereinafter collectively referred to as the original tenants in common) purchased approximately 85 acres of rural land in the Town of Smithville, Chenango County. In connection with this purchase, they executed a contract in which, as pertinent here, they agreed that if any of them decided to sell his interest in the…
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