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DRT CONSTRUCTION COMPANY, INC. v. BH ASSOCIATES

269 A.D.2d 783 (2000)

702 N.Y.S.2d 738

DRT CONSTRUCTION COMPANY, INC., et al., Respondents, v. BH ASSOCIATES et al., Defendants, and ALAN ROSENFELD, Appellant.

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

Decided February 16, 2000.

Order insofar as appealed from unanimously reversed on the law with costs, motion granted and complaint against defendant Alan Rosenfeld dismissed.

Memorandum:

Supreme Court erred in denying the motion of Alan Rosenfeld (defendant) for summary judgment dismissing the complaint against him. The record establishes that defendant conveyed property to plaintiff DRT Construction Company, Inc. (DRT) by quitclaim deed and that DRT accepted that conveyance. Under...

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