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MOUNDROUKAS v. ESCO IMPROVEMENTS, INC.

94 A.D.2d 793 (1983)

Sam Moundroukas, Respondent, v. Esco Improvements, Inc., et al., Appellants, et al., Defendant

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

May 31, 1983

Order affirmed insofar as appealed from, with costs.

We agree with Special Term that in light of the appellants' joinder in plaintiff's application for a variance and their admission before the Zoning Board of Appeals of the Town of Greenburgh of the contingent nature of the contract with plaintiff, there are no triable issues of fact precluding the granting of summary judgment (see Mallad Constr. Corp. v County Fed. Sav. & Loan Assn.,

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