KENDLE v. TOWN OF AMSTERDAM


36 A.D.3d 985 (2007)

828 N.Y.S.2d 620

DUANE C. KENDLE, Appellant, v. TOWN OF AMSTERDAM et al., Respondents.

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

Decided January 4, 2007.


Peters, J.P.

On April 8, 2002, plaintiff entered into a contract with Victoria Henderson for the purchase of her home located at 166 Chapman Drive in the Town of Amsterdam, Montgomery County (hereinafter the property). Plaintiff provided Henderson with a $1,500 down payment towards the purchase price of $30,000; the closing was to occur on or about June 6, 2002.

On April 27, 2002, defendant Cranesville Volunteer Fire Department scheduled a fire training exercise...

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