Tomhannock, LLC v. Roustabout Resources, LLC

There is nothing in the option agreement, as our colleagues observe, that expressly requires plaintiff to obtain subdivision approval prior to exercising the option. Indeed, this Court noted as much upon a prior appeal (115 AD3d 1074, 1076 [2014]). This Court also stressed on that appeal, however, that it was not addressing the separate issue of whether “plaintiff will be unable to record a deed for the 3.5-acre parcel without first obtaining subdivision approval” (id. at 1077). That issue is before us now and, inasmuch as subdivision approval is needed for plaintiff to record the…