Spain, J.
In August 2006, Windsor Development of Albany, Inc. and Capital District Enterprises, LLC entered into a contract for the purchase of a certain 40-acre parcel of undeveloped real property located in the Town of Malta, Saratoga County. Capital, as the buyer, planned to develop the property and, as such, the parties' contract contained provisions obligating Capital to undertake due diligence in the initiation of its project, making final site plan approval...
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