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ROZEN v. 7 CALF CREEK, LLC

52 A.D.3d 590 (2008)

860 N.Y.S.2d 155

MICHAEL ROZEN et al., Respondents-Appellants, v. 7 CALF CREEK, LLC, Appellant-Respondent, et al., Respondent, et al., Defendant.

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

Decided June 10, 2008.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Pursuant to a contract dated August 30, 2006, the plaintiffs agreed to buy a home that the defendant 7 Calf Creek, LLC (hereinafter 7 Calf Creek), was constructing and tendered a down payment in the sum of $700,000. Paragraph 9 of the contract, captioned "Permitted Exceptions," and paragraph R6 of the rider to the contract, listed numerous restrictions and...

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