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OLD ORCHARD DEVELOPMENT, LLC v. THE MARRANO/MARC EQUITY CORPORATION

45 A.D.3d 1497 (2007)

846 N.Y.S.2d 529

OLD ORCHARD DEVELOPMENT, LLC, Respondent, v. THE MARRANO/MARC EQUITY CORPORATION, Appellant.

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

Decided November 23, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff entered into a contract pursuant to which it agreed to sell to defendant 14 lots in a subdivision in the Town of Pendleton (Town). The contract required defendant to close on the purchase of two lots "within 30 days after dedication of completed improvements and availability of building permits from the Town" (completion...

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