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OAK BEE CORP v. BLANKMAN & CO.

154 A.D.2d 3 (1990)

Oak Bee Corp., Appellant-Respondent, v. N.E. Blankman & Co., Inc., Respondent-Appellant

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

February 20, 1990

Attorney(s) appearing for the Case

Certilman Haft Balin Buckley Kremer & Hyman (David I. Rosenberg and Russell A. Blanck on the brief), for appellant-respondent.

Meyer, Suozzi, English & Klein, P. C. (Bernard S. Meyer and Brian Michael Seltzer of counsel), for respondent-appellant.

MANGANO, J. P., KOOPER, SULLIVAN and HARWOOD, JJ., concur.

Per Curiam.

On this appeal, we are asked to determine whether a condition regarding preliminary subdivision approval, which was inserted in the parties' contract for the sale of real property, is for the benefit of only the plaintiff purchaser or for the mutual benefit of both parties. We find that the unusual circumstances of this case compel the conclusion that the condition inures to the benefit of both parties, and that...

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