STOLLSTEIMER v. KOHLER

509325.

77 A.D.3d 1259 (2010)

910 N.Y.S.2d 581

THOMAS J. STOLLSTEIMER, Appellant, v. WILLIAM G. KOHLER et al., Respondents.

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

Decided October 28, 2010.


STEIN, J.

In this action arising out of the sale of real property, plaintiff seeks recovery based on breach of contract, fraud and unjust enrichment. Plaintiff purchased a 51.708-acre parcel of real property from defendants. Prior to such purchase, plaintiff approached defendants' son, Robert Kohler, about persuading defendants to sell the land to him. Kohler admits that, when he walked the property with plaintiff, he mistakenly pointed out an incorrect boundary line...

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