DUNLOP DEVELOPMENT CORP. v. SPITZER


26 A.D.3d 180 (2006)

810 N.Y.S.2d 28

DUNLOP DEVELOPMENT CORP., Appellant, v. ELIOT SPITZER, as Attorney General of the State of New York, et al., Respondents.

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

February 7, 2006.


The court properly declined to disturb the determination of the Attorney General's office. The subject offering plan, incorporated by reference in the purchase agreement, stated that issuance of a temporary Certificate of Occupancy created a presumption that the building and unit were substantially complete. Such presumption, once raised, obliged petitioner to close upon 30 days' notice by the sponsor. Petitioner failed to close, and failed to cure the default within the...

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