BERO CONTRACTING & DEVELOPMENT CORP. v. VIERHILE


19 A.D.3d 1160 (2005)

796 N.Y.S.2d 808

BERO CONTRACTING & DEVELOPMENT CORP., Appellant, v. ANDREW VIERHILE et al., Respondents.

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

June 10, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Defendants signed an option contract with plaintiff for the purchase of two adjacent lots in the Canandaigua Lakeside Estates Subdivision. The option contract gave defendants the right to purchase the lots and provided, inter alia, that plaintiff "will be the only builder to construct homes in this project." Thereafter, the parties...

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