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MULLANY v. MUNCHKIN ENTERPRISES, LTD.

507391

69 A.D.3d 1271 (2010)

893 N.Y.S.2d 714

2010 NY Slip Op 618

MICHAEL MULLANY et al., Appellants, v. MUNCHKIN ENTERPRISES, LTD., et al., Respondents.

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

Decided January 28, 2010.

McCARTHY, J.

In 1998, defendant Munchkin Enterprises, Ltd. entered into a contract with plaintiffs to purchase a three-acre parcel and a utility easement to the Normanskill Creek located on plaintiffs' 60-acre property in the Town of New Scotland, Albany County. Munchkin desired to locate an off-site sewage treatment plant on the parcel to service a proposed residential development referred to as the Tall Timbers project. As relevant to this appeal, the 1998 contract...

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