Peters, J.
In May 2003, plaintiff entered into an agreement with Trustco Bank to purchase a parcel of real property, located in the Town of East Greenbush, Rensselaer County, for $3,750,000. After paying a $100,000 deposit to Trustco, plaintiff paid an additional $100,000 to extend the closing date to November 1, 2005. This extension was necessary to effectuate a conditional assignment of plaintiff's rights to defendant under the agreement so that defendant could...
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