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POLICASTRO v. TOWN OF LAGRANGE

193 A.D.2d 950 (1993)

597 N.Y.S.2d 794

Jack Policastro et al., Respondents, v. Town of LaGrange et al., Defendants, and Dwyer/Berry Associates, II, et al., Appellants

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

May 13, 1993

Casey, J.

At issue on this appeal is whether Supreme Court erred in determining that a question of fact exists regarding the contractual obligation of the sellers of a vacant lot in a subdivision in the Town of LaGrange, Dutchess County, to do the fill work required before the Town will issue a building permit to the purchaser. We conclude that defendants Dwyer/Berry Associates, II, Dwyer Berry Construction Corporation and David Berry (hereinafter collectively...

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