STARGIOTTI v. NIGRELLO


114 A.D.2d 498 (1985)

Joseph Stargiotti, Appellant, v. Frances Nigrello, Respondent

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

October 28, 1985


Order reversed, with costs, and defendant's motions for reargument and summary judgment denied.

Plaintiff contracted in September 1982 to purchase a parcel of unimproved property from defendant, conditioned on securing certain approvals from municipal authorities by December 15, 1982 and a building permit. Plaintiff was unable to obtain a building permit because of a problem as to legal access, which he was still endeavoring to solve in the spring of 1984 when defendant...

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