AG PROPERTIES OF KINGSTON, LLC v. BESICORP-EMPIRE DEV. CO., LLC


14 A.D.3d 971 (2005)

788 N.Y.S.2d 694

AG PROPERTIES OF KINGSTON, LLC, Respondent, v. BESICORP-EMPIRE DEVELOPMENT COMPANY, LLC, Defendant and Third-Party Plaintiff-Appellant. CUDDER & FEDER & WORBY, LLP, Third-Party Defendant-Respondent.

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

January 27, 2005.


Rose, J.

In January 2000, plaintiff and defendant executed an option agreement granting defendant the right to purchase 84 acres of commercial property for the purpose of developing a power plant and a manufacturing facility. Defendant's initial payment of $122,500 under the agreement was held in escrow by third-party defendant, Cudder & Feder & Worby, LLP (hereinafter CFW). CFW released the payment to plaintiff on February 15, 2000 after plaintiff orally...

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