99 A.D.2d 914 | N.Y. App. Div. | 1984
Appeal from a judgment of the Supreme Court in favor of defendant, entered February 28,1983 in Franklin County, upon a decision of the court at Trial Term (Ford, J.), without a jury. In 1977, plaintiff, then known as Rock Ridge Condominiums, Inc., intended to construct a 78-unit condominium project in the Village of Tupper Lake. In order to complete this plan and to prepare their offering statement for bank financing purposes, a commitment from the village to provide streets and utilities to the boundaries of the proposed project was required. On March 21, 1977, the village board unanimously approved a resolution which, in pertinent part, states: “That the Village of Tupper Lake does assure necessary street construction, as well as the facilities to provide adequate water, sewage and electrical service to the Rock Ridge Condominiums, Inc. firm at the easterly bounds of their lands * * *. The Village will proceed with necessary construction as rapidly as possible * * * subject to the needs generated by the corporation’s construction progress.” Adoption of the resolution was based on drawings, plot plans and engineering surveys depicting elevations and building locations. The board was also advised that topography considerations necessitated that the project be developed in two phases, the first phase approximately 30 feet higher than the second, and that separate sewer lines to each of the two elements of the project would be required. About one year later at a board meeting held on April 17, 1978, plaintiff informed the board that, because of financing difficulties, townhouses rather than condominiums would be constructed.
Plaintiff changed its corporate name to Rock Ridge Townhouses, Inc.