EMI REALTY CORP. v. 241-247 HEMPSTEAD TURNPIKE, INC.


26 A.D.3d 406 (2006)

809 N.Y.S.2d 198

EMI REALTY CORP., Appellant, v. 241-247 HEMPSTEAD TURNPIKE, INC., et al., Respondents.

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

February 21, 2006.


Ordered that the judgment is affirmed, with costs.

The subject real estate contract of sale contained, within a rider attached to the contract, a clause stating that the seller would deliver to the purchaser "a certificate of occupancy or like document legally allowing the premises to be used as a used car lot and commercial mixed use building." The rider contained another clause, in paragraph 9, stating that "[t]he parties agree that the acceptance of a deed hereunder...

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