Legal Opinion

Oak Bee Corp. v. N.E. Blankman & Co.

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

Decided February 20, 1990PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

On this appeal, we are asked to determine whether a condition regarding preliminary subdivision approval, which was inserted in the parties’ contract for the sale of real property, is for the benefit of only the plaintiff purchaser or for the mutual benefit of both parties. We find that the unusual circumstances of this case compel the conclusion that the condition inures to the benefit of both parties, and that *5the defendant seller therefore was entitled to unilaterally cancel the agreement upon the failure of that condition.

The record reveals that on November 8, 1984,…

3Cases cited17 opinions

  1. Sunshine Steak, Salad & Seafood, Inc. v. W. I. M. Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  2. Allbrand Discount Liquors, Inc. v. Times Square Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1977
  3. BPL Development Corp. v. CappelAppellate Division of the Supreme Court of the State of New York · 1982
  4. Ufitec, S. A. v. Trade Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1964
  5. Satterly v. PlaistedAppellate Division of the Supreme Court of the State of New York · 1976

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4Cited by18 opinions

  1. J. Petrocelli Construction, Inc. v. Realm Electrical Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Jones v. TriceAppellate Division of the Supreme Court of the State of New York · 1994
  3. Citadel Equity Fund Ltd. v. Aquila, Inc.District Court, S.D. New York · 2005
  4. Austin v. Canbar Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  5. B&A Realty Mgt., LLC v. GloriaAppellate Division of the Supreme Court of the State of New York · 2021

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