Beekman Family Ass'n v. Town of Oyster Bay

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.