Legal Opinion

Flowers v. 73rd Townhouse, LLC

Appellate Division of the Supreme Court of the State of New York

Decided May 13, 2008PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

Plaintiffs contracted to purchase from defendant a townhouse on East 73rd Street in Manhattan following defendant’s custom renovation of the property. After escalating disputes relating to the renovation work, defendant served a notice of termination, and plaintiffs immediately followed with this action for specific performance of the contract of sale. For the reasons that follow, we hold that while the award of specific performance to plaintiffs was proper and should be affirmed, the matter must be remanded for a hearing on the issue of the price abatement to…

2Cases cited5 opinions

  1. Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.New York Court of Appeals · 1983
  2. EMF General Contracting Corp. v. BisbeeAppellate Division of the Supreme Court of the State of New York · 2004
  3. Pecorella v. Greater Buffalo Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Judnick Realty Corp. v. 32 West 32nd Street Corp.New York Court of Appeals · 1984
  5. GDJS Corp. v. 917 Properties Inc.Appellate Division of the Supreme Court of the State of New York · 1984

3Cited by2 opinions

  1. Coizza v. 164-50 Crossbay Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Matter of SavedoffAppellate Division of the Supreme Court of the State of New York · 2019

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