Sunshine v. Ainspan

Ellis J. Staley, Jr., J.

The plaintiffs commenced this action for specific performance of a real estate contract against the defendant, the owner and alleged vendor of the real estate described in the said contract.

The plaintiffs have filed a notice of pendency and the defendant moves for an order to cancel the said notice of pendency. The defendant challenges the good faith of the plaintiffs in commencing the action alleging that there does not exist a written contract for the purchase and sale of the said real property executed by the plaintiffs and the defendant.

The plaintiffs, in paragraph…