DRAKE v. FRIEDENTHAL

515696.

108 A.D.3d 910 (2013)

968 N.Y.S.2d 414

2013 NY Slip Op 5272

RALPH H. DRAKE JR., Appellant, v. RICHARD FRIEDENTHAL, Respondent.

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

Decided July 11, 2013.


McCARTHY, J.

Appeal from an order of the Supreme Court (Teresi, J.), entered August 15, 2012 in Albany County, which, among other things, granted defendant's motion for summary judgment dismissing the complaint. [Prior Case History: 2012 NY Slip Op 32120(U).]

The parties signed a contract for plaintiff to purchase certain real property owned by defendant. Plaintiff delivered a $25,000 check as the down payment, but the check was not certified — as required...

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