FITZPATRICK v. ANIMAL CARE HOSP., PLLC

513447.

104 A.D.3d 1078 (2013)

962 N.Y.S.2d 474

2013 NY Slip Op 2119

TIMOTHY L. FITZPATRICK, Respondent-Appellant, v. ANIMAL CARE HOSPITAL, PLLC, et al., Appellants-Respondents.

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

March 28, 2013.


In late 2004, plaintiff executed an asset purchase agreement (hereinafter APA) to sell his veterinary practice located in the Town of Vestal, Broome County to defendants.1 Defendants financed the purchase, in part, through a personally guaranteed promissory note in the amount of $400,000, which called for monthly payments, with 5% interest. Defendants began managing and operating the practice in January...

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