Van Donsel v. Schrader

Appeal from an order of the Supreme Court (Mulvey, J.), entered November 24, 2009 in Cortland County, which, among other things, partially granted plaintiff’s cross motion to hold in abeyance defendant’s motion for summary judgment.

At all relevant times, plaintiff was the Cortland County Attorney and defendant was the Cortland County Administrator. As part of an ill-fated plan to construct a County facility, the County contracted to acquire real property owned by Steven Lissberger for $73,000. The County reneged on the contract and Lissberger sought more than $19,000 in damages from it,…