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PRINCE v. 209 SAND & GRAVEL, LLC

37 A.D.3d 1024 (2007)

830 N.Y.S.2d 821

LEE PRINCE, Appellant, v. 209 SAND & GRAVEL, LLC, et al., Respondents.

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

Decided February 22, 2007.

Rose, J.

Alleging that defendant Gregory Leib breached a written agreement governing the ownership of defendant 209 Sand & Gravel, LLC (hereinafter S & G), plaintiff commenced this action seeking to compel specific performance and obtain part ownership of S & G. In response, defendants moved for dismissal pursuant to both CPLR 3211 and 3212, asserting that Leib never executed the agreement upon which plaintiff relies. Supreme Court partially granted defendants...

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