Last month, we reviewed recent decisions addressing actions for specific performance of real estate contracts of sale. The “other side of the coin” is actions for return of real property contact downpayments. Some recent examples follow:
413 Throop, LLC v. Triumph, the Church of the New Age, 2017 NY Slip Op 06516 (App. Div. 2nd Dept. September 20, 2017)
In an action for specific performance of a contract to purchase real property, Supreme Court granted defendant’s motion to dismiss the complaint and to cancel the notice of pendency and granted defendant’s cross-motion for return of the down payment.