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JOEMARK ENTERPRISES, LLC v. CITY OF NEW-BURGH

62 A.D.3d 954 (2009)

878 N.Y.S.2d 907

JOEMARK ENTERPRISES, LLC, Appellant, v. CITY OF NEW-BURGH, Respondent.

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

Decided May 26, 2009.

Ordered that the order is affirmed, with costs.

On its motion for summary judgment, the defendant demonstrated its prima facie entitlement to judgment as a matter of law by demonstrating that a condition precedent to the formation of a binding agreement was not met (cf. Felipe v 2820 W. 36th St. Realty Corp., 20 A.D.3d 503, 504 [2005]; Bradenton Realty Corp. v United Artists Props. I Corp., 264 A.D...

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