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LAURA MGT. CORP. v. D. F. J. REALTY CORP.

19 Misc.2d 1053 (1959)

Laura Management Corp., Plaintiff, v. D. F. J. Realty Corporation, Defendant.

Supreme Court, Special Term, Bronx County.

September 11, 1959.

Attorney(s) appearing for the Case

Jules Aronson for plaintiff.

Lauterbach & Lauterbach for defendant.

THOMAS C. CHIMERA, J.

The question presented by this and the companion motion concerns the return of a deposit on a contract for the purchase of a parcel of property in Yonkers, N. Y., closing of title to which, in the words of the contract itself (Rider No. 2) was contingent

"upon the purchaser [plaintiff] obtaining a zone change, variance or special exception use to permit the erection and maintenance...

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