172 AUDUBON CORP. v. 1018 MORRIS PARK AVENUE REALTY, INC.


21 A.D.3d 861 (2005)

804 N.Y.S.2d 285

172 AUDUBON CORP., Appellant, v. 1018 MORRIS PARK AVENUE REALTY, INC., et al., Respondents, et al., Defendant.

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

September 29, 2005.


As we have already had occasion to observe in this matter, "the unambiguous terms of the parties' contract, as amended by the agreement of August 16, 2002, rescinded the fifth paragraph of the Additional Rider and provided that the buyer would `tak[e] subject to the existing C/O' and that `no representation as to the legality of the structure' had been made by the sellers. The amendment further provided that the remaining terms of the contract of sale, which included a paragraph...

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