Legal Opinion

Immar Realty, Inc. v. Tucker

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

Decided September 8, 1987Published

1Opinion of the Court

— In an action for specific performance of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Nassau County (Oppido, J.), dated December 16, 1986, which granted the defendant’s motion pursuant to CPLR 3212 for summary judgment dismissing the complaint.

*339Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Although the "law date” set in the contract had passed and the plaintiff had not fully performed cleanup operations called for by the contract, the defendant continued to consider the contract executory.…

2Cases cited1 opinion

  1. 4200 Ave. K Realty Corp. v. 4200 Realty Co.Appellate Division of the Supreme Court of the State of New York · 1982

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