1455 Washington Avenue Associates v. Rose & Kiernan, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrew Iii, J.
Appeal from an order of the Supreme Court (Hughes, J.), entered July 1, 1998 in Albany County, which granted a motion by defendant Rose and Kiernan, Inc. to dismiss the complaint against it for failure to state a cause of action.
In 1994 plaintiff, as seller, and defendant Rose and Kiernan, Inc. (hereinafter defendant), as buyer, entered into an agreement for the sale and purchase of certain real property located on Washington Avenue in the City of Albany. The parcel in question, which was vacant and unimproved, was adjacent to other property owned by plaintiff that was leased or used as a…
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