Kroboth v. Brent

Mikoll, J. P. (dissenting).

I agree with Supreme Court’s conclusion that, in the circumstances of this case, plaintiffs used their "best efforts” to obtain subdivision approval. In my *815view, this is a question of law to be determined by the court and there is sufficient evidence to warrant the grant of summary judgment in favor of plaintiffs (see, Goewey v Delta D & I Corp., 175 AD2d 299, affd 80 NY2d 788). The property retained by defendant was found to be substandard by the Town Planning Board. Plaintiffs informed defendant of the two options proposed by the Planning Board. The first option…