BEAGLE DEVELOPERS, LLC v. LONG ISLAND BEAGLE CLUB NO. II, INC.


63 A.D.3d 607 (2009)

882 N.Y.S.2d 79

BEAGLE DEVELOPERS, LLC, Appellant, v. LONG ISLAND BEAGLE CLUB NO. II, INC., et al., Respondents.

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

Decided June 25, 2009.


Under section 1.02 (c) of the contract, plaintiff had 60 days (extended to 75) to perform due diligence, i.e., undertake environmental, engineering, zoning and abstract studies, and cancel the contract, and have its down payment returned, if it determined that the property was not suitable for its intended use. Under section 1.02 (d), if plaintiff did not cancel within this 75-day period and deposited $250,000 in addition to the $750,000 down payment it had already made on...

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