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P.L. DEVELOPMENT, INC. v. FETTERMAN

293 A.D.2d 657 (2002)

740 N.Y.S.2d 634

P.L. DEVELOPMENT, INC., Respondent, v. CHARLES T. FETTERMAN et al., Appellants.

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

Decided April 22, 2002.

Ordered that the order is affirmed, with costs.

Although we affirm the denial of the defendants' motion for summary judgment dismissing the complaint and the granting of the plaintiffs' cross motion for summary judgment, we do so for different reasons than those given by the Supreme Court. We agree with the defendants' contention that the Supreme Court erred in holding that the plaintiff timely exercised its option to purchase...

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