Attorney(s) appearing for the Case
Cleary, Gottlieb, Steen & Hamilton, New York City (Evan A. Davis, Mitchell A. Lowenthal and Rupa Mitra of counsel), for appellant.
Zisholtz & Zisholtz, LLP, Mineola (Stuart S. Zisholtz of counsel), for respondents.
Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and READ concur; Judge R.S. SMITH taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
In 1989, Berry Street Corporation entered into a turnkey contract of sale with the New York City Housing Authority (NYCHA) whereby Berry Street would acquire title to three parcels of land in Brooklyn, construct residential buildings on the parcels and convey title to the improved property to NYCHA. The contract specified periodic payments from NYCHA to Berry Street and its...
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