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FOURTEEN HILLS BUILDING CORP. v. USI

43 A.D.3d 859 (2007)

841 N.Y.S.2d 676

FOURTEEN HILLS BUILDING CORP., Appellant, v. OKA USI et al., Respondents.

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

Decided September 11, 2007.

Ordered that the judgment is affirmed, with costs.

Pursuant to a clause in the subject construction contract, the defendants had the absolute right to cancel the contract in the event that the building permit was denied as a result of overclearing or height restrictions. There was unrefuted evidence that the building permit for the subject property was denied due to overclearing of the property by the plaintiff during the construction of the house. Based upon this...

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