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DEGREE SECURITY SYSTEMS, INC. v. F.A.B. LAND CORP.

302 A.D.2d 555 (2003)

756 N.Y.S.2d 248

DEGREE SECURITY SYSTEMS, INC., Respondent, v. F.A.B. LAND CORP., Appellant.

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

Decided February 24, 2003.

Ordered that the order is affirmed, with costs.

Although we affirm the order appealed from, we do so on grounds different from those articulated by the Supreme Court. In 1999, nonparty 58 North 6th Street Development Corp. (hereinafter Development Corp.), an affiliate of the plaintiff, Degree Security Systems, Inc. (hereinafter Degree), entered into a contract (hereinafter the 1999 contract) for the sale of a parcel of property owned by the defendant F.A.B Land Corp...

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