KUSKE v. GELLERT & CUTLER


247 A.D.2d 448 (1998)

667 N.Y.S.2d 955

Paul Kuske, Respondent, v. Gellert & Cutler, P. C., et al., Appellants. (Action No. 1.) Ruby Development Corp., Respondent, v. Gellert & Cutler, P. C., et al., Appellants. (Action No. 2.)

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

February 9, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' motion is granted, so much of the order dated August 8, 1995, as denied that branch of the defendants' motion which was for summary judgment is vacated, and the complaints are dismissed.

In 1986 the plaintiff Ruby Development Corp. (hereinafter Ruby) agreed to sell certain property to Charrim Development Corp. (hereinafter Charrim). These two parties also entered into...

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