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BROCKPORT DEV. v. 47 ELY CORP

82 Misc.2d 310 (1975)

Brockport Developers, Inc., Plaintiff, v. 47 Ely Corporation, Defendant.

Supreme Court, Monroe County.

June 10, 1975

Attorney(s) appearing for the Case

Biernbaum & Vorrasi for plaintiff. Liebschutz, Sutton, De Leeuw, Clark & Darcy for defendant.

LYMAN H. SMITH, J.

Plaintiff Brockport Developers, Inc. moves this court for relief under the Statute of Frauds (General Obligations Law, § 5-703, subd 1).

The corporate plaintiff (Brockport) has heretofore brought suit to foreclose its mortgage on realty owned by the corporate defendant (47 Ely). The real property is located in the Town of Sweden, Monroe County, New York.

47 Ely has interposed an affirmative defense and counterclaim...

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