Judgment and order reversed, on the law, with one bill of costs, motion granted and complaint dismissed.
In December, 1965, defendants agreed to sell 90.6 acres of undeveloped land to Deidre Realty Corp., title to be conveyed on or about June 15, 1966. The contract provided that "The seller hereby guarantees that as part of the consideration of this contract he will file [with the Planning Board of the Town of Brookhaven] the first section of 44 plots to maintain...
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