Orders reversed, on the law, the facts and in the exercise of discretion, and matter remitted to the Surrogate's Court for further proceedings not inconsistent with the views expressed herein, with costs as between appellants and respondent Jomatt Construction Corp. to abide the event.
Paragraph "10" of the rider to the contract of sale herein clearly obligated the purchaser to apply in good faith to the appropriate authorities for approval to construct "the maximum...
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