Appellate Division of the Supreme Court of the State of New York December 20, 2007 (Rivemont Farms, LLC v. Northeast Solite Corp.)

Rose, J.

Appeal from an order of the Supreme Court (Lynch, J.), entered July 20, 2006 in Ulster County, which denied plaintiffs motion for summary judgment.

In 1987, defendant sold two parcels of land to Financial Packaging Corporation of Delaware (hereinafter FPC) while retaining an adjacent parcel which it used in a mining business.