UNION STREET TOWER, LLC v. RICHMOND

2010-04860.

84 A.D.3d 784 (2011)

922 N.Y.S.2d 503

UNION STREET TOWER, LLC, Appellant, v. ERIC RICHMOND et al., Respondents.

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

Decided May 3, 2011.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment dismissing the defendants' first and second counterclaims is granted.

Prior to March 2003, the defendant Eric Richmond owned certain real property that was divided into two parcels, lot 1 and lot 4. The property was encumbered by two mortgages. In March 2003 Richmond entered into an agreement with, among others, the plaintiff, Union Street Tower, LLC (hereinafter...

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