ROONEY v. SLOMOWITZ


11 A.D.3d 864 (2004)

784 N.Y.S.2d 189

JOHN P. ROONEY et al., Appellants, v. MARVIN SLOMOWITZ et al., Respondents.

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

October 28, 2004.


Spain, J.

Plaintiff John P. Rooney and defendant Marvin Slomowitz executed an option agreement whereby Slomowitz obtained the right to purchase 87 acres of property in the Town of Greenport, Columbia County, from plaintiffs on the condition that, should Slomowitz exercise the option, he would build an access road to adjacent lands which Rooney would be retaining lying along the north boundary line of the conveyed parcel. Slomowitz exercised the option and took title...

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