Richard Israel was interested in purchasing 20 acres (of a 23-acre parcel) which had been owned by Daniel Charnews.
The contract of sale required Israel to obtain approval from the Southold Town Planning Board (STPB) to subdivide the property into 37 lots.
Since the STPB had imposed a moratorium on subdivisions, Israel submitted a modified plan consisting of two lots: one of three acres (which would be retained by Charnews) another of 20 (which would be acquired by Israel).
When Charnews objected to the modified plan, Israel filed suit in the Suffolk County Supreme Court seeking to compel Charnews' approval (and for other related relief).
After the Supreme Court denied the request, Israel appealed to the Appellate Division, Second Department, which affirmed. The AD2 agreed that when a subdivision is involved, and a seller retains one or more of the lots to be included therein, the terms of the contract may not be modified without the seller's consent.
Since he was unable to satisfy the contract's 37-lot condition, Israel's request for an order compelling the seller's acquiescence to the change was viewed as having been appropriately denied.
Was Israel charred by that news?
"Behold, he that keepeth Israel shall neither slumber nor sleep."
To view a copy of the Appellate Division's decision, please use this link: Israel v. Charnews