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BASS DEVELOPMENT OF NEW YORK INC. v. BAISCH

20 Misc.3d 522 (2008)

858 N.Y.S.2d 594

BASS DEVELOPMENT OF NEW YORK, INC., Plaintiff, v. NEIL D. BAISCH et al., Defendants.

Supreme Court, Wayne County.

May 23, 2008.

Attorney(s) appearing for the Case

Boylan Brown Code Vigdor & Wilson LLP, Rochester (Mark A. Costello of counsel), for Sodus Marina, LLC, defendant.

Pirrello Missal Personte & Feder, Rochester (Steven E. Feder of counsel), for Neil D. Baisch and another, defendants.

Woods Oviatt Gilman LLP, Rochester (Robert D. Hooks of counsel), for plaintiff.

OPINION OF THE COURT

KENNETH R. FISHER, J.

Defendant, Sodus Marina, LLC, moves pursuant to CPLR 3212 for an order granting partial summary judgment dismissing the first cause of action, in which plaintiff seeks specific performance of a purported agreement to convey two boat docks at the New Horizons Marina in Sodus Bay, New York.

This action arises from work plaintiff was contracted to perform on a townhouse and marina project adjacent to Sodus...

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