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CONSERVANCY v. PERMA-TREAT

126 A.D.2d 114 (1987)

Conservancy Holdings, Ltd., Appellant, v. Perma-Treat Corporation, Respondent. (Action No. 1.) Perma-Treat Corporation, Respondent, v. Conservancy Holdings, Ltd., Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1987

Attorney(s) appearing for the Case

Eleazar Lipsky for appellant.

McCabe & Mack (David L. Posner of counsel), for respondent.

CASEY, J. P., MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

WEISS, J.

On April 10, 1979, the parties entered into an agreement denominated a "bill of sale of forest products" pursuant to which Conservancy Holdings, Ltd. (Conservancy) agreed to sell two million board feet, more or less, of northern hardwood timber standing on its lands in the Town of Gardiner, Ulster County. Perma-Treat Corporation (Perma-Treat) agreed to purchase the timber for the total sum of $140...

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