Contrary to the plaintiffs contention, the trial court’s conclusion that the defendant did not breach the condition subsequent contained in the deed in question was based upon a fair interpretation of the evidence and was, therefore, not against the weight of the evidence (see, Greenberg v Behlen, 220 AD2d 720; Nicastro v Park, 113 AD2d 129). Miller, J. P., Pizzuto, Santucci and McGinity, JJ., concur.
Beekman Family Association, Appellant, v. Town of Oyster Bay, Respondent
228 A.D.2d 460643 N.Y.S.2d 1023
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