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Ralph H. Drake, Jr. sued Richard Friedenthal after the latter backed out of a real-estate deal and sold the disputed piece of property to a third party.

Because Drake waited too long to start the case (and hadn't sought a court order stopping the transfer from occurring) both the Albany County Supreme Court and the Appellate Division, Third Department, thought he lacked a legal basis to maintain the litigation. It apparently didn't help his claim that he had given his $25,000 down payment--which wasn't certified as required by he parties' contract--to the seller's broker rather than the attorney..

Check that one off.

To view a copy of the Appellate Division's decision, please use this link: Drake v. Friedenthal

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