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DALE v. GENTRY

1183 CA 09-00697.

66 A.D.3d 1469 (2009)

885 N.Y.S.2d 832

2009 NY Slip Op 7042

DAVID DALE, Individually and as Administrator of the Estate of VIRGINIA DALE, Deceased, Appellant, v. WALETTA GENTRY, Respondent.

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

Decided October 2, 2009.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages arising from the alleged breach by defendant of a contract for the purchase of residential real property from the estate of plaintiff's decedent. Supreme Court properly denied plaintiff's motion to compel discovery and granted that part of defendant's cross motion seeking summary judgment dismissing the...

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