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MATTER OF MADISON PARK OWNER LLC v. SCHNEIDERMAN

7165, 105399/11.

93 A.D.3d 555 (2012)

940 N.Y.S.2d 605

2012 NY Slip Op 2161

In the Matter of MADISON PARK OWNER LLC, Appellant, v. ERIC T. SCHNEIDERMAN, Attorney General of the State of New York, et al., Respondents.

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

Decided March 22, 2012.

Petitioner's threshold assertion that the court should review the Attorney General's interpretation of the purchase agreement de novo is incorrect. Courts review determinations of the Attorney General concerning down payments, which frequently turn on contract interpretation questions, using the "rational basis" standard (see Dunlop Dev. Corp. v Spitzer, 26 A.D.3d 180 [2006]).

The CPLR article 78 court correctly held that...

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