Litt v. City of New York

In an action for the specific performance of a real estate contract or, in the alternative, for damages, the defendant moves for summary judgment dismissing the complaint and granting it judgment on its counterclaim. The plaintiff cross-moves for summary judgment in his favor.

The facts are not controverted. The plaintiff was the successful bidder at a public auction on a certain parcel of real estate owned by the defendant. He thereupon executed and delivered a memorandum of sale prepared by the defendant and made a down payment of $1,200, which was 20% of the $6,000 purchase price. The terms…