NOY v. 765 9TH AVENUE CORPORATION


281 A.D.2d 232 (2001)

721 N.Y.S.2d 651

ABRAHAM NOY, Appellant, v. 765 9TH AVENUE CORPORATION, Respondent.

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

Decided March 13, 2001.


Although plaintiff in 1989 obtained a judgment entitling him to specific performance of the parties' 1986 contract for plaintiff's purchase of defendant's real property located at 765 Ninth Avenue in New York County, plaintiff took no action to enforce the judgment, notwithstanding its inclusion of a self-executing provision, for nearly 10 years, during which time defendant substantially improved the property. Accordingly, in view of the unreasonable and inexcusable delay...

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