GERMAN v. S&P ASSOC. OF N.Y., LLC

1418, 105539/11.

140 A.D.3d 475 (2016)

31 N.Y.S.3d 880

2016 NY Slip Op 04451

PATRICIA GERMAN et al., Plaintiffs, and KRISTIAN GEVERT et al., Appellants, v. S&P ASSOCIATES OF NEW YORK, LLC, Respondent, et al., Defendants.

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

Decided June 9, 2016.


The court correctly found that the record at this early stage of the litigation presents issues of fact as to whether plaintiffs caused an unreasonably prejudicial delay in closing on the purchase agreements that would render a decree of specific performance a drastic, harsh or unjust remedy, i.e., whether they "made excuses in order to delay closing on the contract, with an actual purpose of waiting to see whether to enforce the contract depending upon whether the market...

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