BAKER v. VILLAGE OF ELMSFORD


70 A.D.3d 181 (2009)

891 N.Y.S.2d 133

In the Matter of WILLIAM BAKER et al., Appellants, v. VILLAGE OF ELMSFORD et al., Respondents.

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

Decided December 8, 2009.


Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, LLP, White Plains (William P. Harrington and Kenneth C. Brown of counsel), for appellants.

Wormser, Kiely, Galef & Jacobs LLP, White Plains (Daniel Pozin and Karen L. Wagner of counsel), for Village of Elmsford and others, respondents.

Santangelo Randazzo & Mangone LLP, Hawthorne (James A. Randazzo of counsel), for Brookfield Automotive Exporting Corp. and another, respondents.

ANGIOLILLO, LEVENTHAL, and CHAMBERS, JJ., concur.


OPINION OF THE COURT

DILLON, J.P.

By contract dated December 6, 2005, the respondent Village of Elmsford agreed to purchase from the respondent Brookfield Automotive Exporting Corp. (hereinafter Brookfield) a 30,060-square-foot parcel of property for the sum of $1,550,000. The property was located on Vreeland Avenue, was identified in the contract by section, block, and lot number, and was intended by the Village...

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