Kroboth v. Brent

Appeal from a judgment of the Supreme Court (Fromer, J.H.O.), entered March 16, 1998 in Columbia County, which granted plaintiffs’ motion to enforce a settlement agreement directing the sale of real property.

In 1988, defendant contracted to sell plaintiffs approximately 216 acres of land located in the Town of New Lebanon, Columbia County, for $324,000. Pursuant to a subsequently executed amendment, the contract was contingent upon obtaining the required subdivision approval. When the Town Planning Board failed to grant such approval, plaintiffs demanded that defendant refund their down…