Legal Opinion
Briarwood Farms, Inc. v. Toll Bros., Inc.
Court of Appeals for the Second Circuit
Decided December 22, 2011No. 10-4905-cv(L); 11-0752-cv(CON)UnpublishedCited by 1 opinion
1Opinion of the Court
SUMMARY ORDER
Defendant Toll Bros., Inc. (“Toll”) appeals from an award of summary judgment in favor of plaintiff Briarwood Farms, Inc. (“Briarwood”) on its claim for breach of contract. Toll’s only argument on appeal is that the district court erred in concluding, as a matter of law, that Briar-wood did not repudiate the November 7, 2005 Agreement to sell Toll a planned 66-acre, 41-lot subdivision property (the “Property”) in the Village of Pomona, New York for $18,825,000. Because the district court resolved the question on what it construed as cross-motions for summary judgment, our…
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