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FLOWERS v. 73RD TOWNHOUSE

52 A.D.3d 104 (2008)

857 N.Y.S.2d 146

J. CHRISTOPHER FLOWERS et al., Appellants-Respondents, v. 73RD TOWNHOUSE, LLC, Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 13, 2008.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan LLP, New York City (Kevin L. Smith and David A. Sifre of counsel), for appellants-respondents.

Hartman & Craven LLP, New York City (Donald L. Rosenthal of counsel), for respondent-appellant.

MAZZARELLI, J.P., GONZALEZ and ACOSTA, JJ., concur.

OPINION OF THE COURT

SAXE, J.

Plaintiffs contracted to purchase from defendant a townhouse on East 73rd Street in Manhattan following defendant's custom renovation of the property. After escalating disputes relating to the renovation work, defendant served a notice of termination, and plaintiffs immediately followed with this action for specific performance of the contract of sale. For the reasons that follow, we hold that while the award of specific performance...

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