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FINKELSTEIN v. TAINITER

264 A.D.2d 587 (1999)

695 N.Y.S.2d 336

WILLIAM A. FINKELSTEIN et al., Respondents, v. MEL TAINITER et al., Appellants.

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

Decided September 16, 1999.

On the record before us, issues of fact are present concerning whether, at the time of the signing of the contract in question, there was "a proposed Assessment * * * under consideration by the Board of Directors". The degree to which the "proposal" for an assessment had ripened at the time of the execution of the contract cannot be resolved as a matter of law simply by reference to the contract itself (Time Warner Entertainment...

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