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530 EAST 89 CORP. v. UNGER

54 A.D.2d 848 (1976)

530 East 89 Corp., Appellant, v. Arthur A. Unger et al., Doing Business as Unger & Unger, Respondents. (And Another Action.)

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

November 16, 1976

Affirmed, with $60 costs and disbursements to respondents.

Desiring to construct a 13-story building, plaintiff-appellant contracted, on October 10, 1961, to purchase four brownstones. The contract allowed appellant to cancel should appellant be unable, through no fault of its own, to file architectural plans acceptable to the New York City Department of Buildings on or before October 16, 1961. Time was extremely important because new zoning regulations shortly to...

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