West 72nd Street Realty Corp. v. Yeshiva Chofetz Chaim of Radun Rabbinical Institute, Inc.

The plaintiff agreed to sell and the defendant to buy a parcel of realty. The contract was entered into on October 20,1952. The date of closing, as adjourned, was January 27,1953. Claiming that it was at all times ready, able and willing to perform, but that the defendant refuses, the plaintiff seller sued in equity for specific performance, or, in the event that the defendant does not take title in pursuance of the judgment, for foreclosure of the plaintiff’s equitable lien for the purchase price and for any deficiency. The defendant purchaser now moves for summary judgment dismissing the…