GABRIEL v. PRIME


30 A.D.3d 955 (2006)

818 N.Y.S.2d 322

ELLEN GABRIEL et al., Respondents, v. GARRY PRIME et al., Appellants.

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

June 29, 2006.


Cardona, P.J.

On January 7, 2000, plaintiff Ellen Gabriel entered into a contract wherein she would sell to defendants certain portions of approximately 406 acres of real property located in the Town of Putnam, Washington County. Subdivision approval was a condition precedent therein, inasmuch as defendants contracted to purchase only part of the property while Gabriel was to retain two improved lots. The agreement also included a contingency that defendants were...

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