BENDERSON v. ULRICH/34 CHESTNUT STREET, LLC


57 A.D.3d 1417 (2008)

871 N.Y.S.2d 547

RONALD BENDERSON et al., as Trustees of the BENDERSON 85-1 TRUST, Appellants, v. ULRICH/34 CHESTNUT STREET, LLC, et al., Respondents.

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

December 31, 2008.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion and reinstating the complaint and as modified the order is affirmed without costs.

Memorandum: Plaintiff trustees entered into an agreement to sell property owned by the trust to Ulrich/34 Chestnut Street, LLC (defendant). Pursuant to the agreement, defendant had 45 days in which to enter the property under specified circumstances in order to perform inspections...

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