Bradco Homes, Inc. v. Gellert

Appeal from a judgment of the Supreme Court (Klein, J.H.O.), entered August 31, 1993 in Columbia County, upon a decision of the court in favor of plaintiff.

Plaintiff entered into an agreement to purchase from defendants approximately 17 acres of real property, located in the Town of Hillsdale, Columbia County. The contract provided that defendants were to construct a road between the subject property and a larger parcel they retained within one year from the date of closing, and that if they did not do so they would return to plaintiff $15,000 of the purchase price. The contract also stated…