FLORIO v. CROSS


194 A.D.2d 136 (1993)

Carl A. Florio, Appellant, v. Wessel Cross, Defendant, and Clifford Schoonmaker, Respondent

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

December 23, 1993


Attorney(s) appearing for the Case

Rosenblum, Ronan, Kessler & Sarachan, Albany (George L. Sarachan of counsel), for appellant.

Wilkie & Graff, Kingston (Wayne L. Graff of counsel), for respondent.

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


MAHONEY, J.

As part of a joint venture, plaintiff and defendants, among others, purchased acreage in Ulster County for purposes of subdivision and development. In July 1987, plaintiff sold his interest to defendants for $115,000. Defendants paid $70,000 in cash and executed a $45,000 promissory note. Under the three-year note, interest payments on the principal balance were due quarterly at a rate of 7¾...

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