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TIMBER RATTLESNAKE, LLC v. DEVINE

516916.

117 A.D.3d 1291 (2014)

986 N.Y.S.2d 278

2014 NY Slip Op 3718

TIMBER RATTLESNAKE, LLC, Appellant, v. DON DEVINE et al., as Executors of the Estate of BENJAMIN IRA WECHSLER, Also Known as BENJAMIN WECHSLER, Deceased, Respondents. (And a Third-Party Action.).

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

Decided May 22, 2014.

Stein, J.P.

Appeal from an order of the Supreme Court (Breslin, J.), entered April 4, 2013 in Sullivan County, upon a decision of the court partially in favor of defendants.

In 2004, Stuart Salenger entered into a contract with Benjamin Wechsler (hereinafter decedent) to purchase 7.21 acres of unimproved real property. Salenger subsequently assigned the contract to plaintiff, of which he was the sole member and...

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