ORELLI v. AMBRO


41 N.Y.2d 952 (1977)

Frank Orelli et al., Respondents, v. Jerome Ambro et al., Constituting the Town Board of the Town of Huntington, Appellants.

Court of Appeals of the State of New York.

Decided March 29, 1977.


Attorney(s) appearing for the Case

Ronald Glickman, Town Attorney (Jerome P. Wallin of counsel), for appellants.

Charles Feit for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The judgment appealed from is reversed and the order of Special Term granting defendants' motion for summary judgment and denying plaintiffs' cross motion for summary judgment is reinstated.

The notice calling for the public auction at which Frank Orelli made his bid stated that "[t]he Town, at its option, may cancel the sale at any time before the actual delivery of the deed". When the town board, acting...

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