NOYACK MED. PARTNERS, LLC v. OSK IX, LLC

Index No. 654665/21, Appeal No. 16105, Case No. 2021-04588.

206 A.D.3d 429 (2022)

167 N.Y.S.3d 776

2022 NY Slip Op 03688

Noyack Medical Partners, LLC, Respondent, v. OSK IX, LLC, Appellant.

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

Decided June 7, 2022.


Attorney(s) appearing for the Case

Borg Law LLP, New York ( Jonathan M. Borg of counsel), for appellant.

Cuddy & Feder LLP, White Plains ( Brendan M. Goodhouse of counsel), for respondent.

Concur—Gische, J.P., Webber, Singh, González, Pitt, JJ.


The parties entered into a sale agreement whereby plaintiff agreed to purchase taxicab medallions from defendant. The sale did not close before the expiration date of the agreement. Subsequently, plaintiff commenced this action for specific performance, alleging that defendant breached the sale agreement by failing to timely clear encumbrances on the medallions, timely provide and execute documents, and timely provide information necessary to identify encumbrances, obtain...

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