1455 WASHINGTON AVENUE ASSOCIATES v. ROSE AND KIERNAN, INC.


260 A.D.2d 770 (1999)

687 N.Y.S.2d 791

1455 WASHINGTON AVENUE ASSOCIATES, Appellant, v. ROSE AND KIERNAN, INC., Respondent, et al., Defendant.

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

Decided April 8, 1999.


Crew III, J.

In 1994 plaintiff, as seller, and defendant Rose and Kiernan, Inc. (hereinafter defendant), as buyer, entered into an agreement for the sale and purchase of certain real property located on Washington Avenue in the City of Albany. The parcel in question, which was vacant and unimproved, was adjacent to other property owned by plaintiff that was leased or used as a hotel. According to plaintiff, defendant purchased the parcel in question with the "understanding...

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