Appellate Division of the Supreme Court of the State of New York November 6, 2003 (McDonald v. Lengel)

Crew III, J.E

Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered January 30, 2003 in Broome County, which, inter alia, granted defendant’s motion to dismiss the complaint.

In August 2001, plaintiff and defendant entered into a contract pursuant to the terms of which plaintiff agreed to purchase certain property owned by defendant in the Town of Sanford, Broome County.