GOLDSTEIN v. HELD


63 A.D.3d 881 (2009)

881 N.Y.S.2d 471

MICHAEL GOLDSTEIN et al., Respondents, v. VENERA HELD, Appellant.

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

Decided June 16, 2009.


Ordered that the supplemental judgment entered December 20, 2007, and the order entered May 2, 2008, are affirmed insofar as appealed from, with one bill of costs.

The defendant seller was not entitled to cancel the subject contract for the sale of real property. Where, as here, a seller sabotages efforts to close the deal, remedy limitation clauses in the contract of sale do not bar a buyer from obtaining specific performance (see e.g. Naso v Haque,

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