BEINSTEIN v. NAVANI

14781, 153575/13

131 A.D.3d 401 (2015)

14 N.Y.S.3d 362

2015 NY Slip Op 06403

JERRY BEINSTEIN et al., Respondents, v. GAGAN NAVANI et al., Appellants, et al., Defendants.

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

Decided August 4, 2015.


Plaintiffs are the sellers, and defendants Navani and Sahi the purchasers, under a purchase and sale agreement relating to a condominium apartment. Plaintiffs seek a declaratory judgment that defendants breached the agreement by failing to close despite plaintiffs' full performance. Defendants seek specific performance on the basis that their refusal to schedule a closing was justified by plaintiffs' failure to satisfy a condition precedent to closing. The dispute relates...

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