LEFKOWITZ v. MERRITT, CHAPMAN & SCOTT CORP.


23 A.D.2d 945 (1965)

Morris Lefkowitz et al., Appellants, v. Merritt, Chapman & Scott Corp., Respondent

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

May 24, 1965


REYNOLDS, J.

Involved is a contract which provides in pertinent part as follows: "Merritt-Chapman & Scott in return for permission to deposit waste material on the above described property agrees to build-up and grade an Area at least Three Hundred Feet by Four Hundred Feet on the East Side of the newly constructed Route 17. This area is to be drained and to be left in such a condition as to be suitable for a Baseball Field development. This area...

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