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ISRAEL v. CHARNEWS

46 A.D.3d 753 (2007)

848 N.Y.S.2d 340

RICHARD ISRAEL, Appellant, v. DANIEL CHARNEWS et al., as Executors of the Estate of DANIEL CHARNEWS, Deceased, Respondents.

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

Decided December 18, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

On August 15, 2001 the plaintiff entered into a contract to purchase 20 acres of a 23-acre parcel of real property (hereinafter the property) which was then owned by the defendants' decedent. The contract was subject to the plaintiff obtaining, within four years, final approval from the Southold Town Planning Board (hereinafter the Planning Board) to subdivide the property into 37 lots. Under...

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