Beekman Family Ass'n v. Town of Oyster Bay ( 1996 )

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.