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NATALE v. ERNST

63 A.D.3d 1406 (2009)

881 N.Y.S.2d 232

JAMES M. NATALE, Individually and as Assignor of LINDA PLEAT, et al., Respondents, v. MATTHEW J. ERNST, Appellant.

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

Decided June 18, 2009.

McCarthy, J.

In this action alleging, among other claims, breach of contract, plaintiffs seek specific performance of an agreement to reconvey a small parcel of property located on the east side of Routes 4 and 32 in the Town of Northumberland, Saratoga County, back to plaintiff James M. Natale (hereinafter plaintiff).* Upon motions for partial summary judgment by plaintiffs and defendants, Supreme Court, among other things, found that...

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