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681 CHESTNUT RIDGE ROAD LLC v. EDWIN GOULD FOUNDATION FOR CHILDREN

2875, 108868/08, 2876

73 A.D.3d 624 (2010)

905 N.Y.S.2d 17

681 CHESTNUT RIDGE ROAD LLC, Appellant, v. EDWIN GOULD FOUNDATION FOR CHILDREN, Respondent.

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

Decided May 25, 2010.

The subject contract, while prohibiting plaintiff purchaser from canceling the contract based on the mere existence of certain easements, the locations of which were not depicted on the survey attached to the contract, does allow plaintiff to cancel based on the locations of those easements if depicted on an updated survey. The motion court correctly held that because the easements in question could not be located, and therefore...

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