Herbert v. Schodack Exit Ten, LLC

Appeal from an order of the Supreme Court (McNamara, J.), entered February 28, 2012 in Albany County, which, among other things, granted defendants’ cross motion for summary judgment dismissing the complaint.

Defendant Schodack Exit Ten, LLC (hereinafter SET) and British American Development Corporation (hereinafter BADC) entered into a joint venture with equal shares of B.A. Capital Corporate Campus, LLC (hereinafter BACCC), which they formed in 2000 to commercially develop a 106-acre parcel owned by SET. BACCC’s operating agreement provided that SET would contribute land and improvements,…