The motion court correctly determined that specific performance of the subject contract for the sale of real property was unavailable to plaintiff, the purchaser under the contract, since plaintiff was not ready, willing and able to perform pursuant to the contract's terms. Since plaintiff was not entitled to specific enforcement, there is no basis to enjoin transfer of the property to defendant and third-party plaintiff Ho-Ho, and summary judgment was thus properly granted...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.