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KRIEGER v. CORNELIUS

259 A.D.2d 10 (1999)

697 N.Y.S.2d 766

A. MICHAEL KRIEGER, Appellant, v. VICTOR CORNELIUS, Respondent, et al., Defendant.

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

November 4, 1999.

Attorney(s) appearing for the Case

William J. Better, Kinderhook, for appellant.

Gersen, Wood & Blakeman, L. L. P., New York City (Stanley M. Ackert, III, of counsel), New York City, for respondent.

MERCURE, J. P., CREW III, SPAIN and GRAFFEO, JJ., concur.

OPINION OF THE COURT

PETERS, J.

In July 1988, defendant Victor Cornelius (hereinafter defendant) became the sole owner of a parcel of real property known as "Teviotdale", a large historic home located in the Town of Livingston, Columbia County. Subject to a mortgage foreclosure proceeding by August 1991, defendant was receptive to plaintiff's unsolicited inquiry about its availability. An agreement was ultimately reached on September 10, 1991 wherein plaintiff...

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