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CAPITAL DIST. ENTERS., LLC v. WINDSOR DEV. OF ALBANY, INC.

504436.

2008 NY Slip Op 06016

CAPITAL DISTRICT ENTERPRISES, LLC, ET AL., Appellants, v. WINDSOR DEVELOPMENT OF ALBANY, INC., ET AL., Respondents. (Action No. 1.) WINDSOR DEVELOPMENT OF ALBANY, INC., Respondent, v. CAPITAL DISTRICT ENTERPRISES, LLC, Appellant. (Action No. 2.)

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

Decided and Entered: July 3, 2008.

Attorney(s) appearing for the Case

Roemer, Wallens & Minneaux, L.L.P., Albany (Earl T. Redding of counsel), for Capital District Enterprises, LLC, appellant.

Hodgson Russ, L.L.P., Albany (Richard L. Weisz of counsel), for Windsor Development of Albany, Inc. and another, respondents.

Before: Mercure, J.P., Spain, Rose, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

SPAIN, J.

In August 2006, Windsor Development of Albany, Inc. and Capital District Enterprises, LLC entered into a contract for the purchase of a certain 40-acre parcel of undeveloped real property located in the Town of Malta, Saratoga County. Capital, as the buyer, planned todevelop the property and, as such, the parties' contract contained provisions obligating Capital to undertake due diligence in the initiation of its project, making...

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