Shepard v. Spring Hollow at Sagaponack
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION of the court
Lazer, J. P.
Writing for the majority in SE.S. Importers v Pappalardo (53 NY2d 455, 458-459), Judge Jones opens his opinion with the following declaration: “Notwithstanding that at the time of closing the seller was unable to convey good title in consequence of a defect in his own title, the buyer is entitled to specific performance where the defect has disappeared at the time of trial and the court can then give an effective judgment for the equitable relief demanded. The buyer’s right to specific performance in this circumstance is not lost because the parties expressly…
2Cases cited15 opinions
- Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co.New York Court of Appeals · 1972
- Laba v. CareyNew York Court of Appeals · 1971
- Grace v. NappaNew York Court of Appeals · 1979
- Williams Press v. State of NYNew York Court of Appeals · 1975
- Haffey v. . LynchNew York Court of Appeals · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- 101123 LLC v. Solis Realty LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Judnick Realty Corp. v. 32 West 32nd Street Corp.New York Court of Appeals · 1984
- Pamerqua Realty Corp. v. Dollar Service Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Kaufman v. Haverstraw Road Lands, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- North Triphammer Development Corp. v. Ithaca AssociatesDistrict Court, S.D. New York · 1989
4 more not listed; retrieve them via the Exa API.