FISCHER v. ZEPA CONSULTING AG.


263 A.D.2d 946 (1999)

695 N.Y.S.2d 456

JOHN P. FISCHER et al., Appellants, v. ZEPA CONSULTING AG. et al., Respondents.

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

Decided July 9, 1999.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiffs' motion for a preliminary injunction and granted defendants' cross motion for summary judgment dismissing the complaint. We reject plaintiffs' contention that the right of defendant Zepa Consulting AG. (Zepa) to cut the timber growing on plaintiffs' property is governed by the sale of goods provisions of article 2 of the Uniform Commercial Code and not real property...

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