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GREENE v. HAYES

30 A.D.3d 808 (2006)

817 N.Y.S.2d 421

DONALD C. GREENE, Doing Business as DCG DEVELOPMENT COMPANY, Respondent, v. ASHLEY J. HAYES, Defendant, and A.J.H., INC., Appellant.

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

June 15, 2006.

Lahtinen, J.

Defendant Ashley J. Hayes allegedly contacted an employee of plaintiff and offered to sell a parcel in the Town of Malta, Saratoga County. Following some negotiations, Hayes and plaintiff signed a contract in September 2003, with plaintiff depositing $5,000 toward an agreed purchase price of $210,000. The contract required both parties to perform certain conditions and, in December 2003, Hayes attempted to return plaintiff's deposit and cancel the contract...

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