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PLEASANT HILL DEVELOPERS, INC. v. FOXWOOD ENTERS., LLC

9285/2006.

2008 NY Slip Op 51339 (U)

PLEASANT HILL DEVELOPERS, INC., Plaintiff, v. FOXWOOD ENTERPRISES, LLC and CHRIS SCIBELLI, Defendants.

Supreme Court of the State of New York, Orange County.

Decided July 3, 2008.

Attorney(s) appearing for the Case

Gardiner S. Barone, Esq., Blustein, Shapiro, Rich & Barone, LLP, Middletown, New York, Attorneys for Plaintiff.

Neal D. Frishberg, Esq., Fabricant Lipman & Frishberg, PLLC, Goshen, New York, Attorney for Defendants One Harriman Square.

WILLIAM J. GIACOMO, J.

Foxwood Enterprises, LLC (hereinafter "Foxwood") was the owner of certain vacant land designated as Section 30, Block 1, Lot 1.7 on the tax maps of Town of Cornwall (the "Property"). By contract of sale dated July 26, 2003 Foxwood agreed to sell the Property to Joel Kahan and Jacob Kahan (hereinafter the "Kahans") for a purchase price of $600,000 (the "Contract")1. The Contract contained two (2) riders, a "Seller...

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