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,
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