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PELHAM COMMONS JOINT VENTURE v. VILLAGE OF PELHAM

308 A.D.2d 520 (2003)

764 N.Y.S.2d 475

PELHAM COMMONS JOINT VENTURE et al., Appellants, v. VILLAGE OF PELHAM et al., Respondents.

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

Decided September 22, 2003.

Ordered that the order is affirmed, with costs.

On or about May 13, 1987, the defendant Village of Pelham (hereinafter the Village) and the plaintiff Pelham Commons Joint Venture (hereinafter Pelham Commons), through their respective agents, entered into a written agreement (hereinafter the 1987 Agreement) whereby Pelham Commons agreed to construct a mixed-use residential, commercial, and parking facility in the Village. The complex, as originally designed, would...

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