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Voorheesville Rod & Gun Club v. E.W. Tompkins Co.
Facts
Voorheesville Rod & Gun Club (Plaintiff) agreed to purchase a portion of E.W. Tompkins Company’s (Defendant) land.Defendant was to convey a warranty deed subject to all covenants, conditions, restrictions and easements of record and to zoning and environmental protection laws. Before the closing, Plaintiff requested Defendant to comply with the subdivision requirements for the parcel. Defendant did not seek subdivision approval, and Plaintiff refused to close. Defendant then cancelled the contract and returned Plaintiff’s deposit. Plaintiff sued for specific performance of the contract and an order to compel Defendant to seek subdivision approval. The trial court held that failure to obtain subdivision approval constituted a cloud on the title and ordered Defendant to seek subdivision approval and to complete the sale. The appellate division affirmed, holding that the failure to obtain subdivision approval rendered title unmarketable. Defendant appealed.
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