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EMF GEN. CONTR. CORP. v. BISBEE

6 A.D.3d 45 (2004)

774 N.Y.S.2d 39

EMF GENERAL CONTRACTING CORP., Appellant-Respondent, v. MICHAEL R. BISBEE, Respondent-Appellant.

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

March 25, 2004.

Attorney(s) appearing for the Case

Mandel Resnik Kaiser Moskowitz & Greenstein P.C. (Richard M. Resnik and Alexander M. Jeffrey, Jr. of counsel), for appellant-respondent.

Picciano & Scahill, P.C. (Robin Mary Heaney and Francis J. Scahill of counsel), for respondent-appellant.

BUCKLEY, P.J., ANDRIAS, WILLIAMS and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SAXE, J.

In this action for specific performance of a contract to purchase real estate, we address the issue of whether a two-year delay between the signing of the contract and plaintiff's attempt to enforce it, along with a steep increase in the market value of the property by the time of trial, warrants a denial of specific performance. Contrary to the finding of the trial court, our review of the record reflects that plaintiff EMF...

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