Rickert v. Chestara

Appeal from an order of the Supreme Court (O’Connor, J.), entered September 11, 2007 in Albany County, which, among other things, granted defendants’ cross motion to compel plaintiffs to accept service of defendants’ answer.

Plaintiffs commenced this action against defendants in September 2006 alleging, among other things, fraud, unjust enrichment and breach of an oral agreement allegedly entered *942into between plaintiff George A. Rickert and John Chestara in August 1998 regarding the storage of certain motor vehicles in a barn then owned by defendant Mary Lou Chestara (hereinafter Chestara).* A…