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OLD CROMPOND RD., LLC v. COUNTY OF WESTCHESTER

2020-00909. Index No. 57579/16.

201 A.D.3d 806 (2022)

162 N.Y.S.3d 71

2022 NY Slip Op 00310

Old Crompond Road, LLC, Respondent, v. County of Westchester, Appellant.

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

John M. Nonna, County Attorney, White Plains, NY (Justin R. Adin of counsel), for appellant.

Welby, Brady & Greenblatt, LLP, White Plains, NY (Alan D. Singer of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the first cause of action is granted.

On July 30, 2012, the plaintiff, Old Crompond Road, LLC, entered into a contract (hereinafter the sale agreement) with the defendant, County of Westchester, to develop 26 affordable housing units at certain premises in Yorktown (hereinafter the Crompond project...

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