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ISLAND ESTATES MGT., INC. v. MBA-MANORHAVEN, LLC

2008-10726.

66 A.D.3d 839 (2009)

886 N.Y.S.2d 768

2009 NY Slip Op 7591

ISLAND ESTATES MANAGEMENT, INC., Respondent, v. MBA-MANORHAVEN, LLC, Appellant.

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

Decided October 20, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff contracted to purchase a parcel of unimproved property from the defendant conditioned upon, inter alia, the plaintiff securing subdivision approval from the Village of Manorhaven by June 16, 2002. The plaintiff was not able to obtain the subdivision approval until December 15, 2004, and, even then, the approval was conditioned upon remediation of environmental contamination on the property to the satisfaction...

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