Actions for specific performance of contracts for the purchase and sale of real property abound. The plaintiffs allege that they are ready, willing and able to perform. And the defendants either refuse to close or assert that their performance is excused by the failure of a condition precedent. Several recent examples follow.
Chun Peter Dong v. First Korean Church of N.Y., 2017 NY Slip Op 05063 (App. Div. 2nd Dept. June 21, 2017)
Supreme Court granted defendant’s motion for summary judgment dismissing the complaint for specific performance of a contract to sell real property and declared that the contract was not binding and enforceable.
The Appellate Division summarized the facts: