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FOLLENDER v. MAXIM

44 A.D.3d 1227 (2007)

845 N.Y.S.2d 484

JONATHAN S. FOLLENDER, Appellant, v. BERTON L. MAXIM, Individually and Doing Business as PRIME HARDWOOD, et al., Respondents.

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

Decided October 25, 2007.

Peters, J.

Plaintiff purchased real property in the Town of Roxbury, Delaware County, which included an assignment of the seller's legal right to assert a cause of action for a "wrongful and/or cutting down/taking of timber" from the purchased property. Defendant Berton L. Maxim and his wife, doing business as Prime Hardwood, had entered into a contract with plaintiff's adjacent landowners, Valentine Riedman and Christl...

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