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LAPLACA v. SCHELL

506337

68 A.D.3d 1478 (2009)

2009 NY Slip Op 9570

892 N.Y.S.2d 244

EDWARD LAPLACA, Appellant, v. BRIAN A. SCHELL et al., Respondents.

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

Decided December 24, 2009.

SPAIN, J.

In April 1991, defendants purchased a 10-acre parcel of land from Joseph Clark and Colleen Clark, assumed the Clarks' outstanding note and mortgage, and began making payments to Calvin Ayers, Jr. and Ann Marie Ayers, who were the Clarks' mortgagees. In 1994, defendants agreed to convey approximately five acres of the property to plaintiff in exchange for plaintiff's payment of $11,000 to the Ayers' on defendants...

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