Boyle v. Pogs Construction Corp.

Leoít D. Lazer, J.

Plaintiffs, vendees under a contract for the purchase of a new home to be constructed by the defendant, have instituted an action for specific performance, alleging breach of contract. Defendant has served a 30-day notice upon plaintiffs to vacate other premises owned by the defendant and made available to them as purchasers pending delivery of the new home. Plaintiffs have responded by moving in the specific performance action to stay and enjoin the builder from taking further steps to evict them from their temporary home. Both parties alleged that the other is in breach of…