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BRITISH AMERICAN DEVELOPMENT CORPORATION v. SCHODACK EXIT TEN, LLC

510750.

83 A.D.3d 1247 (2011)

920 N.Y.S.2d 818

BRITISH AMERICAN DEVELOPMENT CORPORATION, Respondent, v. SCHODACK EXIT TEN, LLC, Appellant. JED B. WOLKENBREIT et al., as Cotrustees of the JOHN P. BAYLY CREDIT SHELTER TRUST, Proposed Intervenors-Appellants.

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

Decided April 14, 2011.

McCARTHY, J.

The parties each own a 50% share of B.A. Capital Corporate Campus, LLC (hereinafter BACCC), a limited liability company created for the purpose of developing a 106-acre parcel in the Town of Schodack, Rensselaer County as commercial realty. Plaintiff commenced this action seeking, among other things, a declaratory judgment regarding plaintiff's obligation to purchase land from defendant. Plaintiff moved for summary judgment on its first cause of action...

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