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64TH ASSOCIATES L.L.C. v. MANHATTAN EYE, EAR & THROAT HOSPITAL

301 A.D.2d 462 (2003)

753 N.Y.S.2d 504

64TH ASSOCIATES, L.L.C., Appellant, v. MANHATTAN EYE, EAR & THROAT HOSPITAL et al., Respondents.

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

Decided January 28, 2003.

Defendant hospital, a not-for-profit corporation, entered into a contract for the sale of its real estate assets to plaintiff. The contract included a provision requiring defendant to reimburse plaintiff for precontractual out-of-pocket expenses in the event the statutorily required judicial approval of the sale (N-PCL 510 [a] [3]; 511; see Church of God of Prospect Plaza v Fourth Church of Christ, Scientist, 54 N.Y.2d 742) was not...

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