LIERE v. WIDE AWAKE FARMS, LLC


19 A.D.3d 377 (2005)

796 N.Y.S.2d 701

JOHN LIERE et al., Appellants, v. WIDE AWAKE FARMS, LLC, et al., Respondents.

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

June 6, 2005.


Ordered that the order is affirmed, with one bill of costs.

The defendant Jacob Hay established his prima facie entitlement to judgment as a matter of law by proffering evidence that neither he nor one of the purported assignees, Justin Dupree, ever subscribed to the assignment of the contract of sale at issue. Thus, Hay was not bound by it (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). In opposition, the plaintiffs...

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