Ruiz v. Crespi

The plaintiff, as buyer, entered into a contract with the defendants for the purchase of the latter’s real property. He did not take title and sued for the return of his down payment plus the net title charges. The defendants counter*45claimed for specific performance. The Special Term, after a hearing at which certain proofs were presented, denied the plaintiff’s motion for summary judgment and granted the defendants’ cross motion to dismiss the plaintiff’s complaint and to direct the latter to specifically perform the terms of the contract. We reverse and grant the plaintiff’s motion and deny…