WEADICK v. ANNE HERLIHY


46 A.D.3d 403 (2007)

848 N.Y.S.2d 623

PAMELA WEADICK et al., Appellants, v. CAROL ANNE HERLIHY, Respondent.

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

Decided December 20, 2007.


Defendant's renewed motion for summary judgment was timely brought after prompt additional discovery was conducted. Legally recorded telephone tapes from plaintiff Tullock's employer, a brokerage house, indicated that the proposed coventure between plaintiffs and defendant, an attorney, to purchase a half interest in the building in which they all resided was at an impasse as to the venture's acceptable terms, and that plaintiffs had begun to actively investigate other avenues...

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