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HIGHBRIDGE HOUSE OGDEN LLC v. HIGHBRIDGE ENTITIES LLC

650793/14, 2038, 2037, 2036.

145 A.D.3d 487 (2016)

2016 NY Slip Op 08295

43 N.Y.S.3d 291

HIGHBRIDGE HOUSE OGDEN LLC, Respondent, v. HIGHBRIDGE ENTITIES LLC, Appellant.

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

Decided December 8, 2016.

Generally, courts in this State "may not look beyond the agreed-upon remedies to award the buyer specific performance in circumstances other than those in which the parties agreed it would be available" (101123 LLC v Solis Realty LLC, 23 A.D.3d 107, 113 [1st Dept 2005]). Pursuant to the parties agreement in this case, defendant buyer was required to bring an action within 45 days after the plaintiff seller's alleged default. Because...

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