PARKER EAST 67TH ASSOCIATES, L.P. v. MINISTER, ELDERS AND DEACONS OF THE REFORMED PROTESTANT DUTCH CHURCH OF THE CITY OF NEW YORK


301 A.D.2d 453 (2003)

754 N.Y.S.2d 255

PARKER EAST 67TH ASSOCIATES, L.P., et al., Appellants, v. MINISTER, ELDERS AND DEACONS OF THE REFORMED PROTESTANT DUTCH CHURCH OF THE CITY OF NEW YORK et al., Respondents.

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

Decided January 23, 2003.


The motion court correctly held that plaintiffs had failed to state a cause of action for breach of contract against defendant The Minister, Elders and Deacons of the Reformed Protestant Dutch Church of the City of New York (Collegiate). The subject 1995 real estate contract, which permitted termination by either defendant sellers or plaintiff purchasers if plaintiffs were unwilling to accept title subject to leasehold claims to the property by a closing deadline of August...

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