Legal Opinion

Mullany v. Munchkin Enterprises, Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided January 28, 2010PublishedCited by 6 opinions

1Opinion of the CourtMcCarthy, J.

In 1998, defendant Munchkin Enterprises, Ltd. entered into a contract with plaintiffs to purchase a three-acre parcel and a utility easement to the Normanskill Creek located on plaintiffs’ 60-acre property in the Town of New Scotland, Albany County. Munchkin desired to locate an off-site sewage treatment plant on the parcel to service a proposed residential development referred to as the Tall Timbers project. As relevant to this appeal, the 1998 contract was contingent upon Munchkin obtaining all necessary government approvals for the project. Plaintiffs received a down payment and were…

2Cases cited4 opinions

  1. Rooney v. SlomowitzAppellate Division of the Supreme Court of the State of New York · 2004
  2. Bordeau v. OakleyAppellate Division of the Supreme Court of the State of New York · 1992
  3. Regan v. Real Source Charities, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Wilderhomes, LLC v. ZautnerAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by6 opinions

  1. Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
  2. Dahan v. WeissAppellate Division of the Supreme Court of the State of New York · 2014
  3. Granger Construction Company, Inc. v. TJ, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  4. Shmaltz Brewing Co., LLC v. Dog Cart Mgt. LLCAppellate Division of the Supreme Court of the State of New York · 2022
  5. Cives Corp. v. Hunt Construction Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2012

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