KIRKWALL CORP. v. SESSA


48 N.Y.2d 709 (1979)

Kirkwall Corp., Respondent, v. Leonard Sessa, Appellant.

Court of Appeals of the State of New York.

Decided October 18, 1979.


Attorney(s) appearing for the Case

Martin S. Rothman and Arnold Gussin for appellant.

Gerald D. Broder and Thomas F. Farley for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order appealed from should be reversed, with costs, and the judgment of Supreme Court, New York County, should be reinstated. By written contract, plaintiff agreed to purchase the property in question subject to all zoning regulations and ordinances. Several months prior to the date the parties entered into the contract of sale, a zoning ordinance was adopted by the Village of Lake Success limiting vehicular...

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