Honegger v. Parador Enterprises, Inc.

—In an action on a mortgage note, plaintiffs appeal from an order of the Supreme Court, Westchester County, entered November 10, 1978, which denied their motion to dismiss the defendants’ affirmative defenses and counterclaims. Order reversed, on the law, with $50 costs and disbursements, and motion granted. On December 20, 1976 plaintiffs entered into a contract to sell vacant land to defendant Parador Enterprises, Inc., conditional upon purchaser obtaining approvals within 30 days from the *878Health Department and the Building Department of the Town of Southeast to divide the property into…