54 A.D.2d 848 | N.Y. App. Div. | 1976
— Judgment, Supreme Court, New York County, entered June 13, 1975, dismissing the complaint at the close of plaintiff’s case, affirmed, with $60 costs and disbursements to respondents. Desiring to construct a 13-story building, plaintiff-appellant contracted, on October 10, 1961, to purchase four brownstones. The contract allowed appellant to cancel should appellant be unable, through no fault of its own, to file architectural plans acceptable to the New York City Department of Buildings on or before October 16, 1961. Time was extremely important because new zoning regulations shortly to become effective would not permit the construction of the building appellant planned. Immediately prior to entering the contract, appellant met with defendants-respondents, architects, who told appellant they could prepare and file plans by October 16, 1961. On October 10, 1961, respondents wrote appellant to confirm their oral agreement of that date and to assure appellant "we will make every effort to satisfy all requirements so that the coverage is applicable under the old zoning. Under no circumstances do we imply a guarantee.” Respondents’ plans were filed with the Department of Buildings on October 13, 1961, and were accepted for filing. Appellant purchased the four brownstones. Approval of the plans was never achieved. Seven separate amended filings were found objectionable, and appellant introduced testimony to the effect that over the years respondents kept assuring it that acceptable plans would be forthcoming. Furthermore, respondents never produced an official survey and a test boring plan, prerequisites to issuance of a permit. However, the Department of Buildings listed a total of 84 grounds for denying the permit, the survey and test borings plan being only