Legal Opinion

Wilderhomes, LLC v. Zautner

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 2006PublishedCited by 5 opinions

1Opinion of the CourtSpain, J.

Appeal from an order of the Supreme Court (Spargo, J.), entered June 1, 2005 in Albany County, which denied defendants’ motion to, inter alia, dismiss the complaint.

By contract dated January 30, 2004, the parties agreed that plaintiff would purchase from defendants a 21-unit apartment complex located in the Town of Bethlehem, Albany County. The sale was never consummated; disputes arose over certain structural defects in the property and, after notice by plaintiff that it was exercising its option to cancel the contract due to such defects, defendants ultimately entered into a contract to…

2Cases cited8 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. Clifford R. Gray, Inc. v. LeChase Construction Services, LLCAppellate Division of the Supreme Court of the State of New York · 2006
  3. Welch v. HauckAppellate Division of the Supreme Court of the State of New York · 2005
  4. England v. NettesheimAppellate Division of the Supreme Court of the State of New York · 1995
  5. Eves v. BureauAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by5 opinions

  1. Christ the Rock World Restoration Church International, Inc. v. Evangelical Christian Credit UnionAppellate Division of the Supreme Court of the State of New York · 2017
  2. Prendergast v. SwiencickyAppellate Division of the Supreme Court of the State of New York · 2020
  3. Mullany v. Munchkin Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Savignano v. PlayAppellate Division of the Supreme Court of the State of New York · 2022
  5. Rensselaer County Industrial Development Agency v. Fuccillo Automotive Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

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