14 Second Avenue Realty Corp. v. Anne Steven Corp.

Isidor Wasservogel, Spec. Ref.

This is an action for specific performance whereby plaintiff seeks to compel defendant to accept its deed and bill of sale for the purchase of a garage and service station and to pay plaintiff the balance of the purchase price set forth in the contract of sale.

Plaintiff’s second amended complaint is based upon an alleged anticipatory breach of such contract by defendant. This agreement, entered into after prolonged negotiations, contained a representation by the seller that the elevator on the premises “will be in good working order on the date of closing of…