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LAKE HILLS SWIM CLUB, INC. v. SAMSON DEV. CORP.

213 A.D.2d 701 (1995)

624 N.Y.S.2d 277

Lake Hills Swim Club, Inc., Respondent, v. Samson Development Corp., Appellant

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

March 29, 1995

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the record is replete with evidence that it failed to act with the requisite due diligence in prosecuting its application for a variance. Accordingly, the defendant was not entitled to cancel the contract on the ground that it did not obtain the variance by the date specified in the contract.

In addition, the plaintiff's letter...

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