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1
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OPINION
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EXTRACTED KEY WORDS
CONTRACT DEFENDANT REGULATIONS PLAINTIFF SUPRA ZONING LAWS LAND PURCHASE MARKETABILITY RENDER SUMMARY JUDGMENT VILLAGE SALE COURT AD2D VOORHEESVILLE CONVEYANCE APPELLATE PARTIES NY2D MOTION INTEND FAILURE WARRANTY PLANNING APPELLATE DIVISION REAL PROPERTY INTERPRETATION |
VOORHEESVILLE ROD & GUN CLUB, INC., RESPONDENT, v. E. W. TOMPKINS COMPANY,
INC., APPELLANT.
82 N.Y.2d 564, 626 N.E.2d 917, 606 N.Y.S.2d 132 (1993).
December 20, 1993
3 No. 243 (1993 NY Int. 264)
Decided December 20, 1993
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Daniel J. Centi, for Appellant.
Kurt David Clobridge, for Respondent.
HANCOCK, J.:
The first issue in this case is whether the subdivision regulations of
the Village of Voorheesville apply to a conveyance of a portion of a
parcel of land where it is intended by the parties to the transaction
that the lands shall remain undeveloped. If the regulations apply,
then the primary issue is whether defendant seller's failure to seek
subdivision approval before the transfer renders the title
unmarketable. We conclude that the Village's subdivision regulations
apply to this sale of property. But we further hold that defendant's
refusal to seek the subdivision approval here does not cause the title
to be unmarketable. Because no provision in the contract requires
defendant to obtain subdivision approval and the only basis for
plaintiff's specific performance claim is its failed assertion of
unmarketable title, we reverse, deny plaintiff's summary judgment
motion for specific performance, and dismiss the complaint.
I
On January 15, 1986, plaintiff Voorheesville Rod & Gun Club, Inc.,
signed a standard preprinted contract with defendant E. W. Tompkins
Company, Inc., to purchase a portion of defendant's property located
in the Village of Voorheesville, Albany County, for $38,000. The
contract specified that the property would be conveyed by warranty
deed subject to all covenants, conditions, restrictions and easements
of record, and also to zoning and environmental protection laws,
"provided that this does not render the title to the premises
unmarketable." The property to be conveyed consisted of 24.534 acres
of undeveloped land used for recreational purposes. The parties agree
that plaintiff-buyer did not intend to change the existing condition
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