GAINES MAR. & SERVS., INC. v. CMS MAR. STOR., LLC

528195.

176 A.D.3d 1534 (2019)

111 N.Y.S.3d 462

2019 NY Slip Op 07825

Gaines Marina & Services, Inc., et al., Respondents, v. CMS Marine Storage, LLC, et al., Appellants.

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

Decided October 31, 2019.


Attorney(s) appearing for the Case

Fischer, Bessette, Muldowney & McArdle, LLP, Malone ( Robert R. Lawyer III of counsel), for appellants.

Cullen & Dykman, LLP, Albany ( Nicholas J. Faso of counsel), for respondents.

Egan Jr., J.P., Devine, Aarons and Pritzker, JJ., concur.


In 2016, pursuant to an asset purchase agreement, plaintiffs sold defendants the Gaines Marina & Gaines Marina Boat Shop and Storage Yard, located in the Town of Champlain, Clinton County, for a total of $6 million. The sale included, among other things, all real property and assets—tangible and intangible—used in connection...

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