HARLEM REAL ESTATE LLC v. NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION

4531, 111768/06, 4532.

82 A.D.3d 562 (2011)

918 N.Y.S.2d 717

HARLEM REAL ESTATE LLC et al., Appellants, v. NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION et al., Respondents.

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

Decided March 17, 2011.


In opposition to defendants' motion, plaintiffs failed to show that "facts essential to justify opposition may [have] exist[ed] but [could not] then be stated" so as to warrant the additional disclosure they sought (CPLR 3212 [f]). In light of the existing record, it is clear that further discovery would reveal no evidence that would raise an issue of fact as to the validity of the conditions subsequent in the Harlem property contract and deed.

Further, the record...

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