Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint is denied, and the complaint is reinstated.
The parties entered into a contract for the sale of a parcel of vacant real property which was made contingent upon the plaintiff purchaser obtaining a building permit. The contract provided, inter alia, that if the plaintiff did not secure the permit and close...
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