Balodis v. Fallwood Park Homes, Inc.

This action was instituted by plaintiffs to recover a down payment of $3,450 made by them under a contract to purchase from the defendant corporation a parcel of property with a dwelling house thereon located at North Bellmore, in the Town of Hempstead, Nassau County, New York. Plaintiffs assert that the contract is void and that they are entitled to a return of their down payment because the defendant failed to obtain a variance from the zoning ordinance of the Town of Hempstead as provided in the contract. The provision in question, designated as paragraph 22 in the contract of sale, reads…