BPL Development Corp. v. Cappel
| Decision Date | 18 January 1982 |
| Citation | 86 A.D.2d 591,446 N.Y.S.2d 134 |
| Parties | BPL DEVELOPMENT CORP., Respondent, v. Milton CAPPEL et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C., Mineola (John M. Armentano and Samuel S. Tripp, Mineola, of counsel), for appellants.
Crowe & Deegan, Glen Cove (Francis W. Deegan, Glen Cove, of counsel), for respondent.
Before DAMIANI, J. P., and LAZER, COHALAN and BRACKEN, JJ.
MEMORANDUM BY THE COURT.
In an action for specific performance of a contract for the sale of real property, the defendants appeal from a judgment of the Supreme Court, Nassau County, entered April 10, 1981, which, after a nonjury trial, inter alia, directed them to deliver to the plaintiff a deed to the property in question.
Judgment affirmed, with costs.
On March 3, 1980, the defendants entered into a contract to sell real property to the plaintiff. Paragraph 8 of the rider to the contract provides as follows:
Thereafter, the plaintiff applied to the Glen Cove Planning Board for subdivision approval. On April 1, 1980, the Planning Board granted plaintiff a conditional approval, deeming the subdivision a "minor subdivision". Upon learning of the conditional approval, the plaintiff notified the defendants of its desire to close and the closing was set for ...
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