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CORNELL HOLDINGS, LLC v. WOODLAND CREEK ASSOCIATES, LLC

64 A.D.3d 1020 (2009)

882 N.Y.S.2d 586

CORNELL HOLDINGS, LLC, Plaintiff, v. WOODLAND CREEK ASSOCIATES, LLC, Defendant and Third-Party Plaintiff-Respondent, and WHITE HILL ESTATES, INC., Appellant, et al., Defendants. RONALD B. DURNING SR. et al., Third-Party Defendants-Appellants.

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

Decided July 16, 2009.

McCarthy, J.

In April 2004, defendant White Hill Estates, Inc., of which defendants Ronald B. Durning Sr. and Riccardo Boehm were principals, held title to a large tract of property in Columbia County. Even though the property was already under contract to be purchased by another entity, Durning and Boehm entered into a two-page "deposit receipt and sales agreement" with defendant Woodland Creek Associates, LLC to sell it for $1.1 million. Ultimately, the property...

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