Schoenborn v. Kauffman

—Crew III, J.

Appeal from an order of the County Court of Greene County (Battisti, Jr., J.), entered November 3, 1994, which, inter alia, granted plaintiffs cross motion for permission to file a late reply to defendants’ counterclaims.

On June 12, 1992, the parties entered into a contract whereby defendants agreed to purchase two lots in a subdivision owned by plaintiff and located in the Town of Coxsackie, Greene County. At that time, the subdivision road leading to the lots in question had yet to be completed and, accordingly, the parties entered into a "Road Completion Agreement”. Insofar as…