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MATTER OF MOAK

510965.

92 A.D.3d 1040 (2012)

938 N.Y.S.2d 648

2012 NY Slip Op 870

In the Matter of the Estate of GLADYS JOHNSON MOAK, Deceased. DIANE JOHNSON WARD, as Executor of GLADYS JOHNSON MOAK, Deceased, Respondent; JAMES R. MOAK et al., Respondents; and RALPH H. DRAKE et al., Appellants.

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

Decided February 9, 2012.

EGAN JR., J.

In 1994, respondent Woodfield Development Corporation, then owned in equal shares by Pasquale Ferracane and respondent Ralph H. Drake, acquired certain real property located in the Town of Malta, Saratoga County with the intention of subdividing the land and constructing residential housing. The initial plan called for respondent RHD Construction Corporation, an excavation company owned solely by Drake, to prepare the site and for Ferracane to construct...

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