VOORHEESVILLE ROD AND GUN CLUB V. E.W. TOMPKINS
629 N.E.2d 917 (1993)
NATURE OF THE CASE: This was a dispute over marketable title.
FACTS: Voorheesville (P) signed a standard preprinted contract with Tompkins (D) to
purchase a portion of D's property located in the Village of Voorheesville. The contract
called for the property to be conveyed by warranty deed subject to all conditions,
restrictions, and easements of record and all zoning and environmental protection laws if
these did not render the title unmarketable. The property was about 25 acres of land to be
used for recreational purposes. P intended to leave the land undeveloped. Prior to closing,
P's attorney sent D's attorney a copy of the Village subdivision regulations and requested
that D comply with them. D did not seek subdivision approval, sent a time of the essence
notice, demanded closing, and threatened anticipatory breach of contract. P failed to close
and D canceled the contract and returned the deposit. Then P informed D that the
cancellation was unacceptable because D's failure to obtain subdivision approval rendered
title unmarketable. P then sought the approval from the Village and that application was
denied because the application must be submitted by the property owner or an agent of the
owner. P then sued D for specific performance and moved for partial summary judgment. The
court ordered the contract be performed and directed D to apply for Village approval and
close on the property within a reasonable time after approval. This was affirmed by the
Appellate Division. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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